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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
DENTAL PRACTITIONERS
REGISTRATION BILL 2000
Queensland
DENTAL PRACTITIONERS
REGISTRATION BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2--Operation of Act
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5 Board's decisions to accord with decisions of certain bodies
under the Health Practitioners (Professional Standards) Act 1999 . . . . . . . 16
6 Mutual recognition legislation not affected . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 3--Objects
7 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 4--Interpretation
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 2--DENTAL BOARD OF QUEENSLAND
Division 1--Establishment and functions
9 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
10 Board's relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
11 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
12 Board's independence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
13 Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
14 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
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Division 2--Membership
15 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
16 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
17 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
18 Certain nominee board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
19 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . 24
20 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
21 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
22 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
23 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
24 Leave of absence for a member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
25 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 3--Board business
27 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
28 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
29 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
30 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
31 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
32 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 4--Board committees
33 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
34 Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 5--Disclosure of interests by board members and committee
members
35 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 6--Directions by Minister
36 Minister's power to give directions in the public interest . . . . . . . . . . . . . . 31
Division 7--Annual reports
37 Matters to be included in annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 8--Other provisions about the board
38 Board is statutory body under the Financial Administration and
Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
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39 Board is statutory body under the Statutory Bodies Financial
Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
40 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 3--REGISTRATION
Division 1--Preliminary
41 Who may apply for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2--Applications for general registration
Subdivision 1--Applications
42 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Subdivision 2--Eligibility for general registration
43 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
44 When applicant is qualified for general registration . . . . . . . . . . . . . . . . . . . 34
45 Fitness to practise the profession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 3--Inquiries into applications
46 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 37
47 Appointment of appropriately qualified person to conduct health
assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
48 Report about health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
49 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
50 Payment for health assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 4--Decision on applications
51 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
52 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 40
53 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
54 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 5--Information in certificates of general registration
55 Forms of certificates of general registration . . . . . . . . . . . . . . . . . . . . . . . . . 43
Subdivision 6--Period of general registration
56 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Subdivision 7--Conditions of general registration
57 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
58 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
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Division 3--Provisional general registration
59 Meaning of "authorised person" for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
60 Provisional general registration of a person . . . . . . . . . . . . . . . . . . . . . . . . . . 45
61 Confirmation or cancellation of provisional general registration . . . . . . . . . 46
62 Procedure after cancellation of provisional general registration . . . . . . . . . 46
63 Form of certificate of provisional general registration . . . . . . . . . . . . . . . . . 46
64 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
65 Board decides to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
66 Board decides to refuse to register provisional general registrant
as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
67 Deemed refusal by board to register provisional general registrant
as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 4--Renewal of general registrations
Subdivision 1--Preliminary
68 Meaning of "recency of practice requirements" . . . . . . . . . . . . . . . . . . . . . . 48
Subdivision 2--Applications for renewal of general registrations
69 Notification of imminent expiry of registration . . . . . . . . . . . . . . . . . . . . . . . 49
70 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71 General registration taken to be in force while application is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Subdivision 3--Decision on applications
72 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
73 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
74 Recency of practice requirements are not satisfied . . . . . . . . . . . . . . . . . . . 52
75 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 5--Restoration of general registrations
76 Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
77 When an application for restoration of a general registration may
be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
78 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
79 Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
80 Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
81 When recency of practice conditions take effect . . . . . . . . . . . . . . . . . . . . . 55
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Division 6--Cancellation of general registrations
82 Ground for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
83 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
84 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 56
85 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 56
86 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
87 Return of cancelled certificate of general registration to board . . . . . . . . . 57
Division 7--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or
District Court
88 Review of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
89 How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
90 Review of conditions during review period . . . . . . . . . . . . . . . . . . . . . . . . . . 58
91 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
92 Application of ss 4750 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
93 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
94 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
95 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
96 Failure by board to make decision on application . . . . . . . . . . . . . . . . . . . . 61
97 Failure by board to make decision on review agreed to under s 90 . . . . . . 62
98 Further decision required if certain conditions changed . . . . . . . . . . . . . . . . 63
Subdivision 2--Recording change, or removal, of conditions
99 Amendment of, or replacing, certificates of general registration . . . . . . . . 63
Division 8--Specialist registration
Subdivision 1--Applications
100 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Subdivision 2--Eligibility for specialist registration
101 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
102 When applicant is qualified for specialist registration . . . . . . . . . . . . . . . . . 65
Subdivision 3--Inquiries into applications
103 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 66
Subdivision 4--Decision on applications
104 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
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105 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 67
106 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
107 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Subdivision 5--Information in certificates of specialist registration
108 Form of certificates of specialist registration . . . . . . . . . . . . . . . . . . . . . . . . 69
Subdivision 6--Period of specialist registration
109 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Subdivision 7--Conditions of specialist registration
110 Conditions attaching to general registration applicable to
specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
111 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
112 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Subdivision 8--Application of certain provisions
113 Application of certain provisions about general registration to
specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Subdivision 9--Miscellaneous
114 Additional information to be included in show cause notice . . . . . . . . . . . . 73
115 Effect on specialist registration if general registration ceases to
have effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
116 Effect on specialist registration if conditions on general
registration are changed or removed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
117 Restoration of specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
118 Decision about recording certain conditions in register . . . . . . . . . . . . . . . . 75
Division 9--Special purpose registrations
Subdivision 1--Applications for special purpose registration
119 Undertaking of special activities relating to the profession . . . . . . . . . . . . . 76
120 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
121 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
122 Qualifications for special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 77
123 Suitability to be a special purpose registrant . . . . . . . . . . . . . . . . . . . . . . . . 78
124 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
125 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
126 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
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Subdivision 2--Renewal of special purpose registrations
127 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
128 Matters that may be considered in deciding whether to renew
special purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
129 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
130 Period of renewed special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 80
Subdivision 3--Cancellation of special purpose registrations
131 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
132 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Subdivision 4--Removal of conditions
133 Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 10--General provisions about registrations
134 Person is taken to be registered under this part . . . . . . . . . . . . . . . . . . . . . . . 82
135 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
136 Replacement of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 83
137 Certified copy of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . 83
138 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
139 Notification of certain events to interstate regulatory authorities
and other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--Restricted titles and holding out
140 Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
141 Taking of restricted specialist title etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
142 Use of title `doctor' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
143 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
144 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 89
145 Restrictions on certain registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
146 Restrictions on provisional registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
147 Restrictions on registrants registered on conditions . . . . . . . . . . . . . . . . . . . 91
Division 2--Notification of business names and other details
148 Notification of business names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
149 Notification of change in business names etc. . . . . . . . . . . . . . . . . . . . . . . . 93
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Division 3--Advertising
150 Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
151 Information to appear in advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Division 4--Registrants' autonomy
152 Aiding, abetting etc. conduct that is a ground for disciplinary action . . . . . 94
Division 5--Court orders and injunctions
153 Persons may be prohibited from supplying health services etc. . . . . . . . . . . 95
154 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Division 6--Reprisals
155 Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
156 Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
157 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Division 7--Other provisions
158 Payment, or acceptance of payment, for referrals prohibited . . . . . . . . . . . 99
PART 5--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
159 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
160 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
161 Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Division 2--Appointment of inspectors and other matters
162 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
163 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
164 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
165 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
166 Production or display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . 102
Division 3--Powers of inspectors
Subdivision 1--Entry of places
167 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Subdivision 2--Procedure for entry
168 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
169 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
170 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
9
Dental Practitioners Registration
171 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
172 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Subdivision 3--Powers after entry
173 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
174 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
175 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Subdivision 4--Power to seize evidence
176 Seizing evidence at a place that may be entered without consent
or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
177 Seizing evidence at a place that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
178 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
179 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
180 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
181 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
182 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
183 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
184 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
185 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
186 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Subdivision 5--Power to obtain information
187 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
188 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
189 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
190 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
191 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Division 4--General enforcement matters
192 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
193 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
194 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
195 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
196 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
197 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
10
Dental Practitioners Registration
PART 6--APPEALS
198 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
199 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
200 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
201 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
202 Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
PART 7--LEGAL PROCEEDINGS
Division 1--Evidence
203 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
204 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
205 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
206 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Division 2--Proceedings
207 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
208 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
209 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 123
210 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 123
211 Allegations of false or misleading information or documents . . . . . . . . . . . 124
212 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
213 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 124
214 Executive officers must ensure corporation complies with Act . . . . . . . . . . 125
PART 8--REGISTER, RECORDS AND INFORMATION
Division 1--Register
215 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
216 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Division 2--Records to be kept
217 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Division 3--Information
218 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
219 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 129
11
Dental Practitioners Registration
PART 9--MISCELLANEOUS
Division 1--Abandoned, and other, health records
220 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
221 Board may take possession of abandoned health records . . . . . . . . . . . . . . . 130
222 Health records forming part of deceased estate . . . . . . . . . . . . . . . . . . . . . . 131
223 Health records of persons convicted of an offence against
s 140(1) or (6), 141(1) or 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
224 Dealing with certain health records seized under s 176 or 177 . . . . . . . . . . 131
225 How board may deal with health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
226 Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Division 2--Continuing professional education of registrants
227 Continuing professional education programs . . . . . . . . . . . . . . . . . . . . . . . . . 132
Division 3--Declared events
228 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
229 Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
230 Deemed general or specialist registration of visiting practitioners . . . . . . . 134
Division 4--Other provisions
231 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
232 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 136
233 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 136
234 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
235 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
236 Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
237 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
PART 10--REPEAL, TRANSITIONAL AND SAVINGS
PROVISIONS
Division 1--Repeal
238 Repeal of Dental Act 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Division 2--Transitional provisions
239 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
240 References to repealed Act or former board . . . . . . . . . . . . . . . . . . . . . . . . . 138
241 Board is the legal successor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
242 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
12
Dental Practitioners Registration
243 Service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
244 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
245 Dealing with matter under Health Practitioners (Professional
Standards) Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
246 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
247 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
248 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . 141
249 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
250 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
251 Removal of conditions imposed under repealed Act . . . . . . . . . . . . . . . . . . 144
252 Existing overseas conditional registration . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
253 Existing applications for certain column 1 registrations . . . . . . . . . . . . . . . . 145
254 Existing applications for restoration of certain column 1 registrations . . . . 146
255 Existing applications for renewal of certain column 1 registrations . . . . . . 146
256 Continuation of satisfaction process under section 20(9) of the
repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
257 Suspended registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
258 Approval of company names under repealed Act . . . . . . . . . . . . . . . . . . . . . 147
259 Sections 148 and 151 ineffective for 6 months . . . . . . . . . . . . . . . . . . . . . . . 148
260 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
261 Certain Act has not been repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Division 3--Savings provisions
265 Continuation of section of by-law under repealed Act . . . . . . . . . . . . . . . . . 150
266 References to Dental Technicians and Dental Prosthetists
Registration Act 2000, s 240(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
PART 11--CONSEQUENTIAL AND OTHER AMENDMENTS
267 Amendment of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
268 Amendment of Dental Act 1971 and Dental By-law 1988 . . . . . . . . . . . . . . 151
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 152
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
13
Dental Practitioners Registration
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 155
CONSEQUENTIAL AMENDMENTS OF ACTS
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
HEALTH PRACTITIONER REGISTRATION BOARDS
(ADMINISTRATION) ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS)
ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION)
ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . 157
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
MEDICAL ACT AND OTHER ACTS (ADMINISTRATION)
ACT 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
RADIATION SAFETY ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 159
AMENDMENT OF DENTAL ACT 1971 AND DENTAL BY-LAW
1988
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 162
DICTIONARY
2000
A BILL
FOR
An Act to provide for the registration of dental practitioners, and for
other purposes
s1 16 s5
Dental Practitioners Registration
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
1--Introduction 3
Division
title 4
Short
1. This Act may be cited as the Dental Practitioners Registration 5
Act 2000. 6
7
Commencement
2. This Act commences on a day to be fixed by proclamation. 8
Division 2--Operation of Act 9
binds all persons 10
Act
3.(1) This Act binds all persons, including the State. 11
(2) Nothing in this Act makes the State liable to be prosecuted for an 12
offence. 13
legislative scheme 14
The
4. This Act is part of a legislative scheme (the "legislative scheme") 15
consisting of the health practitioner registration Acts, the Health 16
Practitioner Registration Boards (Administration) Act 1999 and the Health 17
Practitioners (Professional Standards) Act 1999. 18
decisions to accord with decisions of certain bodies under the 19
Board's
Health Practitioners (Professional Standards) Act 1999 20
5.(1) This section applies if the board is making-- 21
s6 17 s7
Dental Practitioners Registration
(a) a decision on an application for registration; or 1
(b) a decision, under this Act, affecting a registrant's registration. 2
(2) The decision must comply with, and be consistent with, any decision 3
of the board, a disciplinary committee, a professional conduct review panel, 4
the Health Practitioners Tribunal or the Court of Appeal, affecting the 5
applicant or registration, under the Health Practitioners (Professional 6
Standards) Act 1999. 7
recognition legislation not affected 8
Mutual
6. This Act does not affect the operation of the Mutual Recognition 9
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 10
(Queensland) Act 1999. 11
Division 3--Objects 12
of Act 13
Objects
7.(1) The objects of this Act are-- 14
(a) to protect the public by ensuring health care is delivered by 15
registrants in a professional, safe and competent way; and 16
(b) to uphold the standards of practice within the profession; and 17
(c) to maintain public confidence in the profession. 18
(2) The objects are to be achieved mainly by-- 19
(a) establishing the Dental Board of Queensland; and 20
(b) providing for the registration of persons under this Act; and 21
(c) imposing obligations on persons in relation to the practice of the 22
profession; and 23
(d) providing for compliance with this Act to be monitored and 24
enforced. 25
s8 18 s 11
Dental Practitioners Registration
4--Interpretation 1
Division
2
Definitions
8. The dictionary in schedule 4 defines particular words used in this Act. 3
PART 2--DENTAL BOARD OF QUEENSLAND 4
1--Establishment and functions 5
Division
of board 6
Establishment
9.(1) The Dental Board of Queensland is established. 7
(2) The board-- 8
(a) is a body corporate; and 9
(b) has a common seal; and 10
(c) may sue and be sued in its corporate name. 11
relationship with the State 12
Board's
10. The board does not represent the State. 13
of board 14
Functions
11. The board has the following functions-- 15
(a) to assess applications for registration; 16
(b) to register persons who satisfy the requirements for registration; 17
(c) to monitor, and assess, whether registrants comply with any 18
conditions of registration; 19
(d) to keep a register of, and records relating to, registrants; 20
(e) to promote high standards of practice of the profession by 21
s 11 19 s 11
Dental Practitioners Registration
registrants; 1
(f) to develop or adopt programs for the continuing professional 2
education of registrants, and encourage their participation in the 3
programs; 4
(g) to develop or adopt training programs in the practice of the 5
profession that are relevant to a person's eligibility for 6
registration; 7
8
Example of `training programs'--
9
Refresher courses for persons who have not practised the profession for
10
a number of years.
(h) to confer and cooperate with interstate regulatory authorities; 11
(i) to confer and cooperate with entities engaged in the development 12
of national policies about the regulation of the profession; 13
(j) to confer and cooperate with the following entities about the 14
education of persons in the practice of the profession-- 15
(i) educational institutions; 16
(ii) entities responsible for accrediting courses, or accrediting 17
institutions to educate persons, for the profession; 18
(k) to inform registrants and the public about the operation of the 19
legislative scheme in its application to the profession; 20
(l) to examine, and advise the Minister about, the operation of the 21
legislative scheme in its application to the profession; 22
(m) to monitor, and enforce, compliance with this Act; 23
(n) to undertake research, relevant to the legislative scheme, into the 24
regulation of the profession; 25
(o) to collect, and give to persons, information about the practice of 26
the profession by registrants; 27
28
Example of `information about the practice of the profession by
29
registrants'--
30
The languages, other than English, spoken by registrants.
(p) to perform other functions given to the board under this or 31
another Act. 32
s 12 20 s 13
Dental Practitioners Registration
1
Example for paragraph (p)--
2
Under the Health Practitioners (Professional Standards) Act 1999,
3
section 374, the board may develop codes of practice, or adopt another
4
entity's code of practice, to provide guidance to registrants as to
5
appropriate professional conduct or practice.
independence etc. 6
Board's
12. In performing its functions, the board is to act independently, 7
impartially and in the public interest. 8
of board 9
Powers
13.(1) The board has all the powers of an individual, and may, for 10
example-- 11
(a) enter into contracts; and 12
(b) enter into service agreements; and 13
(c) acquire, hold, dispose of, and deal with, property; and 14
(d) appoint agents and attorneys; and 15
(e) engage consultants; and 16
(f) fix charges, and other terms, for services and other facilities it 17
supplies; and 18
(g) do anything else necessary or convenient to be done for, or in 19
connection with, its functions. 20
(2) This section does not authorise the board to obtain administrative and 21
operational support other than as required by the Health Practitioner 22
Registration Boards (Administration) Act 1999. 23
(3) Without limiting subsection (1), the board has the powers given to it 24
under this or another Act. 25
(4) The board may exercise its powers inside or outside Queensland. 26
(5) Without limiting subsection (4), the board may exercise its powers 27
outside Australia. 28
s 14 21 s 15
Dental Practitioners Registration
by board 1
Delegation
14.(1) The board may delegate its powers under this Act to-- 2
(a) a member; or 3
(b) a committee of the board consisting of appropriately qualified 4
persons, 1 of whom must be a member; or 5
(c) the executive officer; or 6
(d) with the agreement of the executive officer--an appropriately 7
qualified member of the office's staff. 8
(2) However, the board may not delegate its power under this Act-- 9
(a) to decide to register, or refuse to register, an applicant for 10
registration; or 11
(b) to decide to refuse to renew a renewable registration; or 12
(c) to decide to refuse to restore a renewable registration; or 13
(d) to decide to cancel a registration; or 14
(e) to decide to impose, or remove, conditions on a registration; or 15
(f) to enter into a service agreement. 16
(3) In this section-- 17
"appropriately qualified" includes having the qualifications, experience or 18
standing appropriate to exercise the power. 19
20
Example of `standing' for a member of the office's staff--
21
The staff member's classification level in the office.
2--Membership 22
Division
of board 23
Membership
15.(1) The board consists of at least 7, but not more than 11, members 24
appointed by the Governor in Council. 25
(2) The board must include-- 26
(a) persons who are general registrants (the "registrant members"); 27
and 28
s 16 22 s 16
Dental Practitioners Registration
(b) persons (the "public members") having an interest in, and 1
knowledge of, consumer health issues who are not, and have not 2
been-- 3
(i) registered under a health practitioner registration Act or an 4
earlier corresponding Act; or 5
(ii) registered or enrolled under the Nursing Act 1992 or an 6
earlier corresponding Act; or 7
(iii) registered or enrolled under a law applying, or that applied, 8
in another State or foreign country that provides, or 9
provided, for the same matter as a health practitioner 10
registration Act or the Nursing Act 1992 or a provision of the 11
Act; and 12
(c) 1 lawyer nominated by the Minister. 13
(3) Also, the Minister may nominate persons who do not belong to the 14
categories of persons mentioned in subsection (2) to be members. 15
(4) A majority of the members must be registrant members. 16
(5) In this section-- 17
"earlier corresponding Act", in relation to a health practitioner registration 18
Act, means an earlier Act that provided for the same matter as the 19
health practitioner registration Act or a provision of the health 20
practitioner registration Act. 21
"earlier corresponding Act", in relation to the Nursing Act 1992, means 22
an earlier Act that provided for the same matter as the Nursing Act 23
1992 or a provision of the Nursing Act 1992. 24
members 25
Registrant
16. The registrant members must consist of-- 26
(a) at least 2 general registrants nominated by the bodies the Minister 27
considers represent the interests of registrants; and 28
(b) if there are educational institutions established in the State--1 29
general registrant nominated by the governing bodies of the 30
institutions chosen by the Minister; and 31
(c) at least 1 general registrant nominated by the Minister. 32
s 17 23 s 18
Dental Practitioners Registration
members 1
Public
17. The public members must consist of-- 2
(a) at least 1 person nominated by community groups and other 3
entities the Minister considers have an interest in consumer health 4
issues; and 5
(b) at least 1 other person nominated by the Minister. 6
nominee board members 7
Certain
18.(1) This section applies for the nomination of a person or persons for 8
a position or positions on the board under section 16(a) or (b) or 17(a). 9
(2) The Minister must give the entities who may make the nomination 10
notice stating a reasonable period within which they may nominate the 11
person or persons for the position or positions. 12
(3) The Minister may in the notice ask the entities to nominate more than 13
the required number of persons for the position or positions. 14
(4) Subject to subsections (5) and (6), if the entities nominate more than 15
the required number of persons for the position or positions-- 16
(a) the Minister must choose the nominee or nominees for the 17
position or positions from the nominations; and 18
(b) the person or persons chosen are taken to be the nominee or 19
nominees, under the relevant provision mentioned in 20
subsection (1), for the position or positions. 21
(5) Subsection (6) applies if-- 22
(a) the entities do not nominate a person or persons for the position 23
or positions within the period stated in the notice; or 24
(b) the entities nominate a number of persons for the position or 25
positions that is less than the number requested by the Minister 26
under subsection (3); or 27
(c) the person or any of the persons nominated by the entities are not 28
eligible to be appointed to the position or positions concerned. 29
(6) The Minister must nominate a person or persons eligible to be 30
appointed to the position or positions and the nomination or nominations are 31
s 19 24 s 21
Dental Practitioners Registration
taken to have been made by the entities. 1
(7) To remove doubt, if subsection (5)(b) applies, it is declared that a 2
nomination under subsection (6) may be of, or include, a person or persons 3
nominated by the entities. 4
and deputy chairperson of board 5
Chairperson
19.(1) The Governor in Council is to appoint a registrant member to be 6
the chairperson, and another registrant member to be the deputy 7
chairperson, of the board. 8
(2) A person may be appointed as the chairperson or deputy chairperson 9
at the same time the person is appointed as a member. 10
(3) The chairperson or deputy chairperson holds office for the term 11
decided by the Governor in Council, unless the person's term of office as a 12
member ends sooner than the person's term of office as chairperson or 13
deputy chairperson. 14
(4) A vacancy occurs in the office of chairperson or deputy chairperson if 15
the person holding the office resigns the office by signed notice of 16
resignation given to the Minister or ceases to be a registrant member. 17
(5) However, a person resigning the office of chairperson or deputy 18
chairperson may continue to be a member. 19
(6) The deputy chairperson is to act as chairperson-- 20
(a) during a vacancy in the office of chairperson; and 21
(b) during all periods when the chairperson is absent from duty or, 22
for another reason, can not perform the functions of the office. 23
of appointment 24
Term
20. A member is to be appointed for a term of not more than 4 years. 25
from membership 26
Disqualification
21.(1) A person can not become, or continue as, a member if the 27
person-- 28
(a) is affected by bankruptcy action; or 29
s 22 25 s 22
Dental Practitioners Registration
(b) is, or has been, convicted of an indictable offence; or 1
(c) is, or has been, convicted of an offence against this Act. 2
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 3
person-- 4
(a) is bankrupt; or 5
(b) has compounded with creditors; or 6
(c) has otherwise taken, or applied to take, advantage of any law 7
about bankruptcy. 8
of office 9
Vacation
22.(1) A member is taken to have vacated office if the member-- 10
(a) resigns his or her position on the board by signed notice of 11
resignation given to the Minister; or 12
(b) can not continue as a member under section 21; or 13
(c) is absent without the board's permission from 3 consecutive 14
meetings of the board of which due notice has been given. 15
(2) Also, a member is taken to have vacated office in any of the 16
following circumstances-- 17
(a) if the member is a registrant member--the member stops being a 18
general registrant; 19
(b) if the member is a public member--the member stops being a 20
person mentioned in section 15(2)(b); 21
(c) if the member was nominated, for membership of the board, 22
under section 15(2)(c)--the member stops being a lawyer. 23
(3) In this section-- 24
"meeting" means the following-- 25
(a) if the member does not attend--a meeting with a quorum present; 26
(b) if the member attends--a meeting with or without a quorum 27
present. 28
s 23 26 s 26
Dental Practitioners Registration
notice of resignation takes effect 1
When
23. A notice of resignation under section 19(4) or 22(1)(a) takes effect 2
when the notice is given to the Minister or, if a later time is stated in the 3
notice, the later time. 4
of absence for a member 5
Leave
24.(1) The Minister may approve a leave of absence for a member (the 6
"approved absent member") of more than 3 months. 7
(2) The Minister may appoint another person to act in the office of the 8
approved absent member while the member is absent on the approved 9
leave. 10
(3) A person appointed under subsection (2) must belong to the same 11
category of persons mentioned in section 15(2) or (3) to which the approved 12
absent member belongs. 13
(4) If the approved absent member is the deputy chairperson, the 14
Minister may appoint another registrant member to act in the deputy 15
chairperson's office while the deputy chairperson is absent on the approved 16
leave. 17
of vacancy in membership of board 18
Effect
25.(1) Subsection (2) applies despite sections 15 to 17.1 19
(2) The performance of a function, or exercise of a power, by the board is 20
not affected merely because of a vacancy in the membership of the board. 21
of members 22
Remuneration
26. A member is entitled to be paid the fees and allowances decided by 23
the Governor in Council. 24
1 Sections 15 (Membership of board), 16 (Registrant members) and 17 (Public
members)
s 27 27 s 31
Dental Practitioners Registration
3--Board business 1
Division
onduct of business 2
C
27. Subject to this division, the board may conduct its business, including 3
its meetings, in the way it considers appropriate. 4
and places of meetings 5
Times
28.(1) Board meetings are to be held at the times and places the 6
chairperson decides. 7
(2) However, the chairperson must call a meeting if asked, in writing, to 8
do so by the Minister or at least the number of members forming a quorum 9
for the board. 10
uorum 11
Q
29. A quorum for the board is the number equal to one-half of the 12
number of its members or, if one-half is not a whole number, the next 13
highest whole number. 14
at meetings 15
Presiding
30.(1) The chairperson is to preside at all meetings of the board at which 16
the chairperson is present. 17
(2) If the chairperson is absent from a board meeting, but the deputy 18
chairperson is present, the deputy chairperson is to preside. 19
(3) If the chairperson and deputy chairperson are both absent from a 20
board meeting or the offices are vacant, a registrant member chosen by the 21
members present is to preside. 22
of meetings 23
Conduct
31.(1) A question at a board meeting is decided by a majority of the votes 24
of the members present. 25
(2) Each member present at the meeting has a vote on each question to be 26
decided and, if the votes are equal, the member presiding also has a casting 27
s 32 28 s 32
Dental Practitioners Registration
vote. 1
(3) A member present at the meeting who abstains from voting is taken 2
to have voted for the negative. 3
(4) The board may hold meetings, or allow members to take part in its 4
meetings, by using any technology allowing reasonably contemporaneous 5
and continuous communication between members taking part in the 6
meeting. 7
8
Example of `technology allowing reasonably contemporaneous and continuous
9
communication'--
10
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 11
taken to be present at the meeting. 12
(6) A resolution is validly made by the board, even if it is not passed at a 13
board meeting, if-- 14
(a) a majority of the board members gives written agreement to the 15
resolution; and 16
(b) notice of the resolution is given under procedures approved by the 17
board. 18
inutes 19
M
32.(1) The board must keep-- 20
(a) minutes of its meetings; and 21
(b) a record of any resolutions made under section 31(6). 22
(2) Subsection (3) applies if a resolution is passed at a board meeting by 23
a majority of the members present. 24
(3) If asked by a member who voted against the passing of the 25
resolution, the board must record in the minutes of the meeting that the 26
member voted against the resolution. 27
s 33 29 s 35
Dental Practitioners Registration
4--Board committees 1
Division
2
Committees
33.(1) The board may establish committees of the board for effectively 3
and efficiently performing its functions. 4
(2) A committee may include a person who is not a member of the 5
board. 6
(3) The board is to decide the terms of reference of a committee. 7
(4) The functions of a committee are to-- 8
(a) advise and make recommendations to the board about matters, 9
within the scope of the board's functions, referred by the board to 10
the committee; and 11
(b) exercise powers delegated to it by the board.2 12
(5) A committee must keep a record of the decisions it makes when 13
exercising a power delegated to it by the board. 14
(6) The board may decide matters about a committee that are not 15
provided for under this Act, including, for example, the way a committee 16
must conduct meetings. 17
of committee members 18
Remuneration
34. A committee member is entitled to be paid the fees and allowances 19
decided by the Governor in Council. 20
Division 5--Disclosure of interests by board members and committee 21
members 22
of interests 23
Disclosure
35.(1) This section applies to a board or committee member (the 24
"interested person") if-- 25
2 See section 14 for the board's power of delegation.
s 35 30 s 35
Dental Practitioners Registration
(a) the interested person has a direct or indirect interest in an issue 1
being considered, or about to be considered, by the board or 2
committee; and 3
(b) the interest could conflict with the proper performance of the 4
person's duties about the consideration of the issue. 5
(2) As soon as practicable after the relevant facts come to the interested 6
person's knowledge, the person must disclose the nature of the interest to a 7
board or committee meeting. 8
(3) Unless the board or committee otherwise directs, the interested 9
person must not-- 10
(a) be present when the board or committee considers the issue; or 11
(b) take part in a decision of the board or committee about the issue. 12
(4) The interested person must not be present when the board or 13
committee is considering whether to give a direction under subsection (3). 14
(5) If there is another person who must, under subsection (2), also 15
disclose an interest in the issue, the other person must not-- 16
(a) be present when the board or committee is considering whether to 17
give a direction under subsection (3) about the interested person; 18
or 19
(b) take part in making the decision about giving the direction. 20
(6) If-- 21
(a) because of this section, a board or committee member is not 22
present at a board or committee meeting for considering or 23
deciding an issue, or for considering or deciding whether to give a 24
direction under subsection (3); and 25
(b) there would be a quorum if the member were present; 26
the remaining persons present are a quorum of the board or committee for 27
considering or deciding the issue, or for considering or deciding whether to 28
give the direction, at the meeting. 29
(7) A disclosure under subsection (2) must be recorded in the board's or 30
committee's minutes. 31
(8) If the interested person is a registrant member, the person does not 32
s 36 31 s 37
Dental Practitioners Registration
have a direct or indirect interest in an issue if the interest arises merely 1
because the person is a registrant. 2
Division 6--Directions by Minister 3
power to give directions in the public interest 4
Minister's
36.(1) The Minister may give the board a written direction about a matter 5
relevant to the performance of its functions under this Act if the Minister is 6
satisfied it is necessary to give the direction in the public interest. 7
(2) Without limiting subsection (1), the direction may be to-- 8
(a) give reports and information; or 9
(b) apply to the board a policy, standard or other instrument applying 10
to a public sector unit. 11
(3) The direction can not be about-- 12
(a) the registering of, or refusal to register, an applicant for 13
registration; or 14
(b) the renewing of, or refusal to renew, a renewable registration; or 15
(c) the restoring of, or refusal to restore, a renewable registration; or 16
(d) the cancelling of a registration; or 17
(e) the imposing, or removal, of conditions on a registration. 18
(4) Despite section 12,3 the board must comply with the direction. 19
Division 7--Annual reports 20
to be included in annual report 21
Matters
37.(1) The board's annual report under the Financial Administration and 22
Audit Act 1977 for a financial year must include the following-- 23
(a) copies of all ministerial directions given to the board under 24
3 Section 12 (Board's independence etc.)
s 38 32 s 39
Dental Practitioners Registration
section 36 during the financial year; 1
(b) the number of registrants at the end of the financial year; 2
(c) details of the amount of the board's funds spent, in the financial 3
year, on investigations and inspections under part 5;4 4
(d) details of the amount of the board's funds spent, in the financial 5
year, on developing or adopting training programs in the practice 6
of the profession that are relevant to a person's eligibility for 7
registration; 8
(e) details of the amount of the board's funds spent in the financial 9
year on research, relevant to the legislative scheme, into the 10
regulation of the profession; 11
(f) details of any policies or programs developed, or initiatives taken, 12
by the board in the financial year for the general benefit of users 13
of registrants' services. 14
(2) However, the board must exclude from the copies mentioned in 15
subsection (1)(a) all information likely to identify a person mentioned in the 16
direction. 17
Division 8--Other provisions about the board 18
is statutory body under the Financial Administration and 19
Board
Audit Act 1977 20
38. The board is a statutory body under the Financial Administration and 21
Audit Act 1977. 22
is statutory body under the Statutory Bodies Financial 23
Board
Arrangements Act 1982 24
39.(1) The board is a statutory body under the Statutory Bodies Financial 25
Arrangements Act 1982. 26
4 Part 5 (Investigation and enforcement)
s 40 33 s 42
Dental Practitioners Registration
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 sets 1
out the way in which the board's powers under this Act are affected by the 2
Statutory Bodies Financial Arrangements Act 1982. 3
common seal 4
Board's
40. The board's common seal is to be kept in the custody of a person 5
nominated by the board and may be used only as authorised by the board. 6
PART 3--REGISTRATION 7
Division 1--Preliminary 8
may apply for registration 9
Who
41. Only an individual may apply for registration. 10
2--Applications for general registration 11
Division
Subdivision 1--Applications 12
requirements for applications 13
Procedural
42.(1) An application for general registration must-- 14
(a) be made to the board; and 15
(b) be in the approved form; and 16
(c) be accompanied by-- 17
(i) satisfactory evidence of relevant qualifications; and 18
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s 43 34 s 44
Dental Practitioners Registration
(ii) the application fee prescribed under a regulation (the 1
"application fee"); and 2
(iii) the registration fee prescribed under a regulation (the 3
"registration fee"); and 4
(iv) any other documents, identified in the approved form, the 5
board reasonably requires; and 6
(v) if the applicant is registered under a corresponding law, 7
written details of any conditions of the registration. 8
(2) Information in the application must, if the approved form requires, be 9
verified by a statutory declaration. 10
2--Eligibility for general registration 11
Subdivision
12
Eligibility
43.(1) An applicant for general registration is eligible for general 13
registration if-- 14
(a) the applicant is qualified for general registration under section 44; 15
and 16
(b) the applicant is fit to practise the profession. 17
(2) Without limiting subsection (1), the board may be satisfied the 18
applicant is eligible for general registration by imposing conditions on the 19
registration under section 57.6 20
applicant is qualified for general registration 21
When
44.(1) An applicant for general registration is qualified for general 22
registration if-- 23
(a) the applicant has a qualification prescribed under a regulation; or 24
(b) the applicant has a qualification that is substantially equivalent to, 25
or based on similar competencies to that required for, a current 26
Australian or New Zealand qualification; or 27
6 Section 57 (Imposition of conditions by board)
s 45 35 s 45
Dental Practitioners Registration
(c) the applicant has passed a qualifying examination in the 1
profession set by or for, or recognised by, the board. 2
(2) In deciding whether subsection (1)(b) is satisfied, the board may have 3
regard to the following-- 4
(a) the advice and recommendations of-- 5
(i) an entity recognised by the board as competent to assess 6
qualifications in the profession; or 7
(ii) an entity responsible for accrediting courses, or accrediting 8
institutions to educate persons, for the profession; 9
(b) the attributes of the course leading to the applicant's qualification; 10
11
Example of `attributes' of a course--
12
The course objectives and competencies.
(c) any other relevant issue. 13
(3) In this section-- 14
"current Australian or New Zealand qualification" means an Australian 15
or New Zealand qualification, mentioned in a regulation made under 16
subsection (1)(a), that may be conferred or awarded as a result of the 17
successful completion of a course offered, at the date of the applicant's 18
application for general registration, by the educational institution 19
mentioned in relation to the qualification. 20
to practise the profession 21
Fitness
45.(1) In deciding whether an applicant for general registration is fit to 22
practise the profession, the board may have regard to the following-- 23
(a) the applicant's mental and physical health; 24
(b) the applicant's command of the English language; 25
(c) whether the applicant has been convicted of an indictable offence; 26
(d) whether the applicant has been convicted of an offence against the 27
repealed Act, this Act, the Health Practitioners (Professional 28
Standards) Act 1999 or a corresponding law; 29
(e) whether the applicant has been convicted of an offence, relating to 30
the practice of the profession, against a law applying, or that 31
s 45 36 s 45
Dental Practitioners Registration
applied, in the State, the Commonwealth, another State or a 1
foreign country (other than laws mentioned in paragraph (d)), 2
including, for example an offence of that type against-- 3
(i) the Health Act 1937; or 4
(ii) the Fair Trading Act 1989; 5
(f) if the applicant has been registered under this Act or the repealed 6
Act or is, or has been, registered under a corresponding law and 7
the registration was affected-- 8
(i) by the imposition of a condition--the nature of the condition 9
and the reason for its imposition; or 10
(ii) by its suspension or cancellation--the reason for its 11
suspension or cancellation; or 12
(iii) in another way--the way it was affected and the reason for it 13
being affected; 14
(g) if the qualification relied on by the applicant to obtain registration 15
was conferred or awarded on a day (the "qualification day") that 16
is more than 3 years before the date of application, the nature, 17
extent and period of any practice of the profession by the applicant 18
since the qualification day; 19
(h) any other issue relevant to the applicant's ability to competently 20
and safely practise the profession. 21
(2) For subsection (1)(g)-- 22
(a) the passing of an examination mentioned in section 44(1)(c) is 23
taken to be a qualification; and 24
(b) the day the examination was passed is taken to be the qualification 25
day. 26
(3) The board may ask the commissioner of the police service for a 27
written report about an applicant's criminal history. 28
(4) If asked by the board, the commissioner of the police service must 29
give the board a written report about the criminal history of the applicant, 30
including the criminal history in the commissioner's possession or to which 31
the commissioner has access. 32
(5) In this section-- 33
s 46 37 s 46
Dental Practitioners Registration
"criminal history", of an applicant, means the applicant's criminal history 1
within the meaning of the Criminal Law (Rehabilitation of Offenders) 2
Act 1986. 3
3--Inquiries into applications 4
Subdivision
powers before deciding applications 5
Board's
46.(1) Before deciding the application, the board-- 6
(a) may investigate the applicant; and 7
(b) may, by notice given to the applicant, require the applicant to give 8
the board, within a reasonable time of at least 30 days stated in the 9
notice, further information or a document the board reasonably 10
requires to decide the application; and 11
(c) may, by notice given to the applicant, require the applicant to 12
undergo a written, oral or practical examination within a 13
reasonable time of at least 30 days stated in the notice, and at a 14
reasonable place; and 15
(d) may, by notice given to the applicant, require the applicant to 16
undergo a health assessment within a reasonable time of at least 17
30 days stated in the notice, and at a reasonable place. 18
(2) The board may require the information or document mentioned in 19
subsection (1)(b) to be verified by a statutory declaration. 20
(3) The purpose of an examination under subsection (1)(c) must be to 21
assess the applicant's ability to competently and safely practise the 22
profession. 23
(4) The purpose of an assessment under subsection (1)(d) must be to 24
assess the applicant's mental and physical capacity to competently and 25
safely practise the profession. 26
(5) The applicant is taken to have withdrawn the application if, within the 27
stated time, the applicant-- 28
(a) does not comply with a requirement under subsection (1)(b); or 29
(b) does not undergo an examination under subsection (1)(c); or 30
s 47 38 s 48
Dental Practitioners Registration
(c) does not undergo an assessment under subsection (1)(d). 1
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 2
applicant within 60 days after the board receives the application. 3
(7) Also, a notice under subsection (1)(d) must state-- 4
(a) the reason for the assessment; and 5
(b) the name and qualifications of the person appointed by the board 6
to conduct the assessment; and 7
(c) the place where, and the day and time at which, the assessment is 8
to be conducted. 9
of appropriately qualified person to conduct health 10
Appointment
assessment 11
47.(1) This section applies if the board believes it is necessary for the 12
applicant to undergo a health assessment under section 46(1)(d). 13
(2) The board may appoint 1 or more appropriately qualified persons to 14
conduct the assessment, in whole or part. 15
(3) At least 1 of the persons appointed to conduct the assessment must be 16
a medical practitioner. 17
(4) Before appointing a person to conduct a health assessment, the board 18
must be satisfied the person does not have a personal or professional 19
connection with the applicant that may prejudice the way in which the 20
person conducts the assessment. 21
(5) In this section-- 22
"appropriately qualified", for a medical practitioner or other person 23
conducting a health assessment, includes having the qualifications, 24
experience, skills or knowledge appropriate to conduct the assessment. 25
about health assessment 26
Report
48.(1) A person appointed under section 47 to conduct all or part of a 27
health assessment of the applicant must prepare a report about the 28
assessment (an "assessment report"). 29
(2) The assessment report must include-- 30
s 49 39 s 49
Dental Practitioners Registration
(a) the person's findings as to the applicant's mental and physical 1
capacity to competently and safely practise the profession; and 2
(b) if the person finds the applicant does not have the mental and 3
physical capacity to practise the profession, the person's 4
recommendations as to any conditions that could be imposed on 5
the applicant's registration as a general registrant to overcome the 6
incapacity. 7
(3) The person must give the assessment report to the board. 8
of assessment report 9
Use
49.(1) An assessment report is not admissible in any proceedings, other 10
than stated proceedings. 11
(2) A person can not be compelled to produce the report, or to give 12
evidence relating to the report or its contents, in any proceedings, other than 13
stated proceedings. 14
(3) Subsections (1) and (2) do not apply if the report is admitted or 15
produced, or evidence relating to the report or its contents is given, with the 16
consent of the person who prepared the report and the person to whom the 17
report relates. 18
(4) In this section-- 19
"assessment report" includes a copy of the report, or a part of the report or 20
copy. 21
"proceedings under the Health Practitioners (Professional Standards) 22
Act 1999" includes a health assessment of a registrant by a health 23
assessment committee under that Act. 24
"stated proceedings" means-- 25
(a) a review of conditions under division 7;7 or 26
(b) an appeal started under part 6;8 or 27
(c) proceedings under the Health Practitioners (Professional 28
7 Division 7 (Reviewing conditions of general registrations)
8 Part 6 (Appeals)
s 50 40 s 53
Dental Practitioners Registration
Standards) Act 1999, not including proceedings for an offence 1
against that Act. 2
for health assessments and reports 3
Payment
50. A person who conducts a health assessment and prepares an 4
assessment report for the board is entitled to be paid for his or her work by 5
the board. 6
Subdivision 4--Decision on applications 7
8
Decision
51. The board must consider the application and decide to register, or 9
refuse to register, the applicant as a general registrant. 10
to be taken after application decided 11
Steps
52.(1) If the board decides to register the applicant as a general registrant, 12
it must as soon as practicable issue a certificate of general registration to the 13
applicant. 14
(2) If the board decides to refuse to register the applicant as a general 15
registrant, it must as soon as practicable give the applicant an information 16
notice about the decision. 17
to decide applications 18
Failure
53.(1) Subject to subsections (2) and (3), if the board fails to decide the 19
application within 60 days after its receipt, the failure is taken to be a 20
decision by the board to refuse to register the applicant as a general 21
registrant. 22
(2) Subsection (3) applies if the board has-- 23
(a) under section 46(1)(b),9 required the applicant to give the board 24
further information or a document; or 25
9 Section 46 (Board's powers before deciding applications)
s 54 41 s 54
Dental Practitioners Registration
(b) under section 46(1)(c), required the applicant to undergo an 1
examination; or 2
(c) under section 46(1)(d), required the applicant to undergo a health 3
assessment. 4
(3) The board is taken to have decided to refuse to register the applicant 5
as a general registrant if it fails to decide the application by the latest of the 6
following days-- 7
(a) the day that is 60 days after the board receives the further 8
information or document; 9
(b) the day that is 60 days after the board receives the results of the 10
examination; 11
(c) the day that is 60 days after the board receives the assessment 12
report. 13
(4) This section does not apply if the applicant is registered as a 14
provisional general registrant.10 15
(5) This section is subject to section 54. 16
consideration of applications 17
Further
54.(1) This section applies if the board considers it needs further time to 18
make a decision on the application because of the complexity of the matters 19
that need to be considered in deciding the application. 20
21
Example of an application for general registration that may require the consideration of
22
complex matters--
23
An application requiring the board to obtain and consider information about the
24
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 25
notice to the applicant that-- 26
(a) because of the complexity of the matters that need to be 27
considered in deciding the application, the board needs further 28
time to decide the application; and 29
10 If the applicant is registered as a provisional general registrant, section 67 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 54 42 s 54
Dental Practitioners Registration
(b) the period within which the board must decide the application is 1
extended to a day (the "extended day") that is 60 days after the 2
final consideration day. 3
(3) Also, the applicant and board may at any time before the final 4
consideration day agree in writing on a day (the "agreed extended day") 5
by which the application is to be decided. 6
(4) The board is taken to have decided to refuse to register the applicant 7
as a general registrant if it does not decide the application by-- 8
(a) if subsection (2) applies--the extended day; or 9
(b) if subsection (3) applies--the agreed extended day; or 10
(c) if both subsections (2) and (3) apply--the later of the extended 11
day or agreed extended day. 12
(5) Subsection (4) does not apply if the applicant is registered as a 13
provisional general registrant.11 14
(6) In this section-- 15
"final consideration day" means the latest of the following days-- 16
(a) the day that is 60 days after receipt of the application; 17
(b) if the board has, under section 46(1)(b), required the applicant to 18
give the board further information or a document--the day that is 19
60 days after the board receives the further information or 20
document; 21
(c) if the board has, under section 46(1)(c), required the applicant to 22
undergo an examination--the day that is 60 days after the board 23
receives the results of the examination; 24
(d) if the board has, under section 46(1)(d), required the applicant to 25
undergo a health assessment--the day that is 60 days after the 26
board receives the assessment report. 27
11 If the applicant is registered as a provisional general registrant, section 67 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 55 43 s 57
Dental Practitioners Registration
Subdivision 5--Information in certificates of general registration 1
of certificates of general registration 2
Forms
55.(1) A certificate of general registration must be in the approved form. 3
(2) The approved form must provide for the inclusion of the following-- 4
(a) the registrant's name; 5
(b) the period of the registration; 6
(c) any conditions of registration. 7
6--Period of general registration 8
Subdivision
9
Period
56.(1) The period of registration that is to apply to general registrants is 10
the period (the "general registration period"), not more than 3 years, 11
prescribed under a regulation. 12
(2) If the board decides to register an applicant for general registration as 13
a general registrant during a general registration period, the registration 14
remains in force for the period-- 15
(a) commencing on the day when the board makes the decision; and 16
(b) ending on the last day of the general registration period. 17
Subdivision 7--Conditions of general registration 18
of conditions by board 19
Imposition
57.(1) The board may decide to register an applicant for general 20
registration as a general registrant on conditions the board considers 21
necessary or desirable for the applicant to competently and safely practise 22
the profession. 23
24
Examples of conditions of general registration--
25
1. A condition that a general registrant only practise the profession under the
26
supervision of another general registrant.
s 58 44 s 59
Dental Practitioners Registration
1
2. A condition prohibiting a general registrant engaging in stated procedures
2
related to the practice of the profession.
(2) If the board decides to register an applicant for general registration as 3
a general registrant on conditions, it must as soon as practicable-- 4
(a) also decide the review period applying to the conditions;12 and 5
(b) give the applicant an information notice about the decisions. 6
(3) If the board decides to register an applicant for general registration as 7
a general registrant on conditions because of the applicant's mental and 8
physical health, it must also decide whether details of the conditions must be 9
recorded in the register for the period for which the conditions are in force. 10
(4) The board must decide not to record details of the conditions 11
mentioned in subsection (3) in the register unless it reasonably believes it is 12
in the interests of users of the registrant's services or the public to know the 13
details. 14
of conditions 15
Contravention
58. A general registrant must not contravene a condition of the 16
registration imposed under this Act. 17
Maximum penalty--100 penalty units. 18
3--Provisional general registration 19
Division
of "authorised person" for div 3 20
Meaning
59.(1) In this division-- 21
"authorised person" means any of the following persons who are 22
authorised by the board to decide to register a person as a provisional 23
general registrant-- 24
(a) the executive officer; 25
(b) a member; 26
12 The conditions may be reviewed under division 7 (Reviewing conditions of
general registrations).
s 60 45 s 60
Dental Practitioners Registration
(c) a member of the office's staff. 1
(2) An authority mentioned in subsection (1) may be limited by reference 2
to specified conditions, exceptions or factors. 3
general registration of a person 4
Provisional
60.(1) Subsection (2) applies if an authorised person reasonably 5
considers-- 6
(a) an applicant for general registration is eligible for the registration 7
without conditions; and 8
(b) because of the period before the board is likely to consider the 9
application in the ordinary course of its business, it is not 10
reasonable for the applicant to have to wait for the board to 11
consider the application. 12
(2) The authorised person may decide to register the applicant as a 13
provisional general registrant. 14
(3) Subsection (4) applies if an authorised person or the board-- 15
(a) reasonably considers, subject to an applicant for general 16
registration giving the board further evidence of the applicant's 17
relevant qualification, the applicant is eligible for the registration 18
without conditions; or 19
(b) reasonably considers-- 20
(i) an applicant for general registration would be eligible for 21
general registration without conditions, other than for the fact 22
that the relevant qualification relied on by the applicant has 23
not been conferred on, or awarded to, the applicant; and 24
(ii) the applicant is entitled to have the relevant qualification 25
conferred on, or awarded to, him or her. 26
(4) The authorised person or board may decide to register the applicant as 27
a provisional general registrant. 28
(5) If the authorised person or board decides to register the applicant as a 29
provisional general registrant, the authorised person or board must as soon 30
as practicable issue a certificate of provisional general registration to the 31
applicant. 32
s 61 46 s 63
Dental Practitioners Registration
(6) An authorised person or the board may not decide to register a person 1
as a provisional general registrant on conditions. 2
or cancellation of provisional general registration 3
Confirmation
61.(1) If an authorised person decides to register an applicant for general 4
registration as a provisional general registrant, the authorised person must as 5
soon as practicable report to the board about the basis for the authorised 6
person's decision. 7
(2) The board must consider the report and decide whether to confirm or 8
cancel the provisional general registration. 9
(3) In making its decision, the board must consider whether the 10
authorised person should have decided to register the applicant as a 11
provisional general registrant. 12
(4) If the board decides to cancel the provisional general registration, it 13
must as soon as practicable give the applicant notice of its decision. 14
after cancellation of provisional general registration 15
Procedure
62.(1) This section applies if the board decides, under section 61, to 16
cancel a person's provisional general registration. 17
(2) The notice of cancellation must include the reason for the decision. 18
(3) The decision takes effect on the day the notice is given to the person. 19
(4) The person must return the certificate of provisional general 20
registration to the board within 14 days after receiving the notice, unless the 21
person has a reasonable excuse. 22
Maximum penalty--10 penalty units. 23
(5) Even though the board decides to cancel a person's provisional 24
general registration, it must still consider the person's application for general 25
registration. 26
of certificate of provisional general registration 27
Form
63.(1) A certificate of provisional general registration must be in the 28
approved form. 29
s 64 47 s 66
Dental Practitioners Registration
(2) The approved form must provide for the inclusion of the following-- 1
(a) the registrant's name; 2
(b) the period of the registration. 3
4
Period
64. The provisional general registration of a person remains in force for 5
the period, not more than 6 months, decided by the authorised person or 6
board when deciding to register the person as a provisional general 7
registrant. 8
decides to register provisional general registrant as a general 9
Board
registrant 10
65.(1) This section applies if-- 11
(a) a person is a provisional general registrant; and 12
(b) the board decides to register the person as a general registrant. 13
(2) The provisional general registration is cancelled when the person 14
receives a certificate of general registration under section 52(1).13 15
(3) The general registration is taken to have started from the day the 16
person was registered as a provisional general registrant. 17
decides to refuse to register provisional general registrant as a 18
Board
general registrant 19
66.(1) This section applies if-- 20
(a) a person is a provisional general registrant; and 21
(b) the board decides to refuse to register the person as a general 22
registrant. 23
(2) The provisional general registration is cancelled when an information 24
notice about the decision is given to the person under section 52(2). 25
(3) The person must return the certificate of provisional general 26
13 Section 52 (Steps to be taken after application decided)
s 67 48 s 68
Dental Practitioners Registration
registration to the board within 14 days after receiving the information 1
notice, unless the person has a reasonable excuse. 2
Maximum penalty for subsection (3)--10 penalty units. 3
refusal by board to register provisional general registrant as a 4
Deemed
general registrant 5
67.(1) This section applies if-- 6
(a) a person is a provisional general registrant; and 7
(b) other than for section 53(4) or 54(5),14 the board would have been 8
taken to have decided to refuse to register the person as a general 9
registrant. 10
(2) The board is taken to have decided to refuse to register the person as a 11
general registrant on the expiry of the provisional general registration. 12
Division 4--Renewal of general registrations 13
1--Preliminary 14
Subdivision
of "recency of practice requirements" 15
Meaning
68.(1) "Recency of practice requirements" are requirements, 16
prescribed under a regulation, that if satisfied demonstrate that an applicant 17
for renewal of a general registration has maintained an adequate connection 18
with the profession. 19
(2) The requirements may include requirements about the following-- 20
(a) the nature, extent and period of practice of the profession by the 21
applicant; 22
(b) the nature and extent of any continuing professional education 23
undertaken by the applicant; 24
(c) the nature and extent of any research, study or teaching, relating to 25
14 Section 53 (Failure to decide applications) or 54 (Further consideration of
applications)
s 69 49 s 70
Dental Practitioners Registration
the profession, undertaken by the applicant; 1
(d) the nature and extent of any administrative work, relating to the 2
profession, performed by the applicant. 3
Subdivision 2--Applications for renewal of general registrations 4
of imminent expiry of registration 5
Notification
69. The board must give a general registrant notice of the imminent 6
expiry of the registration at least 60 days before the expiry. 7
requirements for applications 8
Procedural
70.(1) A general registrant may apply to the board for the renewal of the 9
registration. 10
(2) The application must be made within the period-- 11
(a) starting-- 12
(i) 60 days before the expiry of the registration; or 13
(ii) on an earlier day, if any, stated in the notice given to the 14
registrant under section 69; and 15
(b) ending immediately before the expiry. 16
(3) The application must-- 17
(a) be in the approved form; and 18
(b) be accompanied by-- 19
(i) the registration fee; and 20
(ii) any documents, identified in the approved form, the board 21
reasonably requires to decide the application. 22
(4) Information in the application must, if the approved form requires, be 23
verified by a statutory declaration. 24
(5) The approved form must require the applicant to state the following-- 25
(a) whether the applicant suffers from any ongoing medical 26
condition, of which the applicant is aware, that the applicant 27
s 71 50 s 72
Dental Practitioners Registration
knows or ought reasonably to know adversely affects the 1
applicant's ability to competently and safely practise the 2
profession;15 3
(b) if there are recency of practice requirements relevant to the 4
applicant, details of the extent to which the applicant has satisfied 5
the requirements. 6
registration taken to be in force while application is 7
General
considered 8
71.(1) If an application is made under section 70, the applicant's general 9
registration is taken to continue in force from the day it would, apart from 10
this section, have expired until-- 11
(a) if the board decides to renew the applicant's general 12
registration--the day a new certificate of general registration is 13
issued to the applicant under section 75(1); or 14
(b) if the board decides to refuse to renew the applicant's general 15
registration--the day an information notice about the decision is 16
given to the applicant under section 75(2); or 17
(c) if the application is taken to have been withdrawn under 18
section 72(4)--the day it is taken to have been withdrawn. 19
(2) Subsection (1) does not apply if the registration is earlier cancelled 20
under this Act or suspended or cancelled under the Health Practitioners 21
(Professional Standards) Act 1999. 22
Subdivision 3--Decision on applications 23
into applications 24
Inquiries
72.(1) Before deciding the application, the board-- 25
(a) may investigate the applicant; and 26
15 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 73 51 s 73
Dental Practitioners Registration
(b) may, by notice given to the applicant, require the applicant to give 1
the board, within a reasonable time of at least 30 days stated in the 2
notice, further information or a document the board reasonably 3
requires to decide the application; and 4
(c) may, if the board is not satisfied the applicant has satisfied 5
recency of practice requirements, by notice given to the applicant, 6
require the applicant to undergo a written, oral or practical 7
examination within a reasonable time of at least 30 days stated in 8
the notice, and at a reasonable place. 9
(2) The board may require the information or document mentioned in 10
subsection (1)(b) to be verified by a statutory declaration. 11
(3) The purpose of an examination under subsection (1)(c) must be to 12
assess any effect the applicant's non-satisfaction of the requirements has on 13
the applicant's ability to competently and safely practise the profession. 14
(4) The applicant is taken to have withdrawn the application if, within the 15
stated time, the applicant-- 16
(a) does not comply with a requirement under subsection (1)(b); or 17
(b) does not undergo an examination under subsection (1)(c). 18
19
Decision
73.(1) The board must consider the application and decide to renew, or 20
refuse to renew, the applicant's general registration. 21
(2) In making its decision, the board must have regard only to the extent, 22
if any, to which the applicant has satisfied recency of practice 23
requirements.16 24
(3) If there are no recency of practice requirements relevant to the 25
applicant, the board must decide to renew the applicant's general 26
registration. 27
16 Under section 74(2), the board may decide to renew the registration on recency
of practice conditions if the board is not satisfied the applicant has satisfied
recency of practice requirements.
s 74 52 s 74
Dental Practitioners Registration
of practice requirements are not satisfied 1
Recency
74.(1) This section applies if the board is not satisfied the applicant has 2
satisfied recency of practice requirements. 3
(2) The board may decide to renew the applicant's general registration on 4
conditions ("recency of practice conditions") the board considers will 5
sufficiently address the extent to which the applicant has not satisfied the 6
requirements. 7
(3) Before deciding to renew the registration on recency of practice 8
conditions, the board must-- 9
(a) give notice to the applicant-- 10
(i) of the details of the proposed conditions; and 11
(ii) of the reason for the proposed imposition of the conditions; 12
and 13
(iii) that the applicant may make a written submission to the 14
board about the proposed conditions within a reasonable 15
time of at least 14 days stated in the notice; and 16
(b) have regard to any written submission made to the board by the 17
applicant before the stated day. 18
(4) If the board decides to renew the registration on recency of practice 19
conditions, it must as soon as practicable-- 20
(a) also decide the review period applying to the conditions;17 and 21
(b) give the applicant an information notice about the decisions. 22
(5) The imposition of the conditions takes effect on the later of the 23
following-- 24
(a) when the information notice is given to the applicant; 25
(b) immediately after the day the registration would have expired, 26
other than for its renewal. 27
17 The conditions may be reviewed under division 7 (Reviewing conditions of
general registrations).
s 75 53 s 76
Dental Practitioners Registration
to be taken after application decided 1
Steps
75.(1) If the board decides to renew the applicant's general registration, it 2
must as soon as practicable issue a new certificate of general registration to 3
the applicant. 4
(2) If the board decides to refuse to renew the applicant's general 5
registration, it must as soon as practicable give the applicant an information 6
notice about the decision. 7
(3) Without affecting section 74(2), if the board decides to renew the 8
applicant's general registration, the renewed general registration is subject to 9
the conditions attaching to the registration immediately before the decision 10
takes effect.18 11
5--Restoration of general registrations 12
Division
of div 4, sdivs 1 and 3 13
Application
76. For restoring a general registration, division 4, subdivisions 1 and 3, 14
other than sections 74(5) and 75(3),19 apply as if-- 15
(a) an application for renewal of a general registration were an 16
application for restoration of a general registration; and 17
(b) an applicant for renewal of a general registration were an applicant 18
for restoration of a general registration; and 19
(c) a renewal of a general registration were a restoration of a general 20
registration. 21
18 The conditions may include conditions imposed under the Health Practitioners
(Professional Standards) Act 1999.
19 Division 4 (Renewal of general registrations), subdivisions 1 (Preliminary) and
3 (Decision on applications), sections 74 (Recency of practice requirements are
not satisfied) and 75 (Steps to be taken after application decided)
s 77 54 s 79
Dental Practitioners Registration
an application for restoration of a general registration may be 1
When
made 2
77. If a person's general registration has expired, the person may apply to 3
the board for restoration of the registration within 3 months after the expiry. 4
requirements for applications 5
Procedural
78.(1) The application must-- 6
(a) be in the approved form; and 7
(b) be accompanied by-- 8
(i) the restoration fee prescribed under a regulation (the 9
"restoration fee"); and 10
(ii) any documents, identified in the approved form, the board 11
reasonably requires to decide the application. 12
(2) Information in the application must, if the approved form requires, be 13
verified by a statutory declaration. 14
(3) The approved form must require the applicant to state the following-- 15
(a) whether the applicant suffers from any ongoing medical 16
condition, of which the applicant is aware, that the applicant 17
knows or ought reasonably to know adversely affects the 18
applicant's ability to competently and safely practise the 19
profession;20 20
(b) if there are recency of practice requirements relevant to the 21
applicant, details of the extent to which the applicant has satisfied 22
the requirements. 23
of restored registration 24
Period
79. If the board decides to restore the applicant's general registration 25
during a general registration period, the registration remains in force for the 26
period-- 27
20 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 80 55 s 83
Dental Practitioners Registration
(a) commencing on the day when the board makes the decision; and 1
(b) ending on the last day of the general registration period. 2
of expired registration 3
Conditions
80. Without affecting section 74(2), as applied by section 76, if the board 4
decides to restore the applicant's general registration, the registration is 5
subject to the conditions attaching to the registration immediately before its 6
expiry. 7
recency of practice conditions take effect 8
When
81. If the board decides to restore the applicant's general registration on 9
recency of practice conditions, the imposition of the conditions takes effect 10
when the information notice about the decision is given by the board to the 11
applicant. 12
Division 6--Cancellation of general registrations 13
for cancellation 14
Ground
82. A person's general registration may be cancelled, under this division, 15
on the ground that the person was registered because of a materially false or 16
misleading representation or declaration. 17
cause notice 18
Show
83.(1) If the board believes the ground exists to cancel a general 19
registration, the board must before taking action to cancel the registration 20
give the registrant a notice (a "show cause notice"). 21
(2) The show cause notice must-- 22
(a) state the board proposes to cancel the registration; and 23
(b) state the ground for the proposed cancellation; and 24
(c) outline the facts and circumstances forming the basis for the 25
ground; and 26
s 84 56 s 86
Dental Practitioners Registration
(d) invite the registrant to show within a stated period (the "show 1
cause period") why the registration should not be cancelled. 2
(3) The show cause period must be a period ending not less than 21 days 3
after the show cause notice is given to the registrant. 4
about show cause notices 5
Representations
84.(1) The registrant may make written representations about the show 6
cause notice to the board in the show cause period. 7
(2) The board must consider all written representations (the "accepted 8
representations") made under subsection (1). 9
show cause process without further action 10
Ending
85.(1) This section applies if, after considering the accepted 11
representations for the show cause notice, the board no longer believes the 12
ground exists to cancel the registration. 13
(2) The board must not take any further action about the show cause 14
notice. 15
(3) The board must also as soon as practicable after coming to the belief 16
give notice to the registrant that no further action is to be taken about the 17
show cause notice. 18
19
Cancellation
86.(1) This section applies if, after considering the accepted 20
representations for the show cause notice, the board-- 21
(a) still believes the ground exists to cancel the registration; and 22
(b) believes cancellation of the registration is warranted. 23
(2) This section also applies if there are no accepted representations for 24
the show cause notice. 25
(3) The board may decide to cancel the registration. 26
(4) If the board decides to cancel the registration, it must as soon as 27
practicable give the registrant an information notice about the decision. 28
s 87 57 s 89
Dental Practitioners Registration
(5) The decision takes effect on the day the information notice is given to 1
the registrant. 2
of cancelled certificate of general registration to board 3
Return
87.(1) This section applies if the board decides to cancel a general 4
registration and gives an information notice for the decision to the registrant. 5
(2) The registrant must return the certificate of general registration to the 6
board within 14 days after receiving the information notice, unless the 7
registrant has a reasonable excuse. 8
Maximum penalty for subsection (2)--10 penalty units. 9
Division 7--Reviewing conditions of general registrations 10
1--Review of conditions imposed by the board or District 11
Subdivision
Court 12
of conditions 13
Review
88. Conditions imposed on a general registration under this Act may be 14
reviewed under this division. 15
registrant may start a review 16
How
89.(1) The registrant to whom the conditions relate may apply to the 17
board for a review of the conditions. 18
(2) However, the application must not be made-- 19
(a) during the review period applying to the conditions; or 20
(b) while an appeal to the District Court about the decision to impose 21
the conditions is pending. 22
(3) The application must-- 23
(a) be in the approved form; and 24
(b) be accompanied by the fee prescribed under a regulation. 25
s 90 58 s 91
Dental Practitioners Registration
(4) The approved form must require the registrant to state-- 1
(a) that the registrant believes the conditions are no longer 2
appropriate; and 3
(b) the reason for the registrant's belief. 4
(5) The board must consider the application and make a decision under 5
section 94. 6
of conditions during review period 7
Review
90.(1) This section applies if, during the review period applying to the 8
conditions, the board reasonably believes the conditions may no longer be 9
appropriate. 10
(2) The board may, with the written agreement of the registrant to whom 11
the conditions relate, review the conditions. 12
powers before making decision 13
Board's
91.(1) Before making its decision under section 94, the board-- 14
(a) may investigate the registrant; and 15
(b) may, by notice given to the registrant, require the registrant to give 16
the board, within a reasonable time of at least 30 days stated in the 17
notice, further information or a document the board reasonably 18
requires to make the decision; and 19
(c) may, by notice given to the registrant, require the registrant to 20
undergo a written, oral or practical examination within a 21
reasonable time of at least 30 days stated in the notice, and at a 22
reasonable place; and 23
(d) may, by notice given to the registrant, require the registrant to 24
undergo a health assessment within a reasonable time of at least 25
30 days stated in the notice, and at a reasonable place. 26
(2) The board may require the information or document mentioned in 27
subsection (1)(b) to be verified by a statutory declaration. 28
(3) Subject to section 94(2), the purpose of an examination under 29
subsection (1)(c) must be to assess the registrant's ability to competently 30
s 92 59 s 93
Dental Practitioners Registration
and safely practise the profession. 1
(4) Subject to section 94(2), the purpose of an assessment under 2
subsection (1)(d) must be to assess the registrant's mental and physical 3
capacity to competently and safely practise the profession. 4
(5) Also, a notice under subsection (1)(d) must state-- 5
(a) the reason for the assessment; and 6
(b) the name and qualifications of the person appointed by the board 7
to conduct the assessment; and 8
(c) the place where, and the day and time at which, the assessment is 9
to be conducted. 10
of ss 4750 11
Application
92.(1) This section applies if the board believes it is necessary for the 12
registrant to undergo a health assessment under section 91(1)(d). 13
(2) Sections 47 to 5021 apply as if-- 14
(a) an applicant for general registration were the registrant; and 15
(b) the reference in section 47(1) to section 46(1)(d) were a reference 16
to section 91(1)(d). 17
withdrawal of application etc. 18
Deemed
93.(1) Subsections (2) and (3) apply if the conditions are being reviewed 19
because of an application made by the registrant under section 89. 20
(2) The registrant is taken to have withdrawn the application if, within the 21
stated time, the registrant-- 22
(a) does not comply with a requirement under section 91(1)(b); or 23
(b) does not undergo an examination under section 91(1)(c); or 24
(c) does not undergo an assessment under section 91(1)(d). 25
21 Sections 47 (Appointment of appropriately qualified person to conduct health
assessment), 48 (Report about health assessment), 49 (Use of assessment report)
and 50 (Payment for health assessments and reports)
s 94 60 s 94
Dental Practitioners Registration
(3) A notice under section 91(1)(b), (c) or (d) must be given to the 1
registrant within 60 days after the board receives the application. 2
(4) Subsections (5) and (6) apply if the conditions are being reviewed 3
under section 90. 4
(5) The board is taken to have decided to confirm the conditions if, within 5
the stated time, the registrant-- 6
(a) does not comply with a requirement under section 91(1)(b); or 7
(b) does not undergo an examination under section 91(1)(c); or 8
(c) does not undergo an assessment under section 91(1)(d). 9
(6) A notice under section 91(1)(b), (c) or (d) must be given to the 10
registrant within 60 days after the board agrees with the registrant to review 11
the conditions. 12
13
Decision
94.(1) After reviewing the conditions, the board must decide-- 14
(a) to confirm the conditions; or 15
(b) to remove the conditions; or 16
(c) to change the conditions. 17
(2) In making its decision, the board must consider whether the 18
conditions remain necessary or desirable for the registrant to competently 19
and safely practise the profession. 20
(3) If the board decides to confirm or change the conditions, the 21
conditions may only be confirmed or changed for the reasons the conditions 22
were initially imposed. 23
(4) If the board decides to confirm or change the conditions, it must as 24
soon as practicable-- 25
(a) also decide the review period applying to the confirmed or 26
changed conditions; and 27
(b) give the registrant an information notice about the decisions. 28
(5) If the board decides to remove the conditions, it must as soon as 29
practicable give the registrant notice of the decision. 30
s 95 61 s 96
Dental Practitioners Registration
decision takes effect 1
When
95.(1) If the board decides to confirm the conditions, the decision takes 2
effect when it is made. 3
(2) If the board decides to change the conditions, the change takes effect 4
when an information notice about the decision is given to the registrant 5
under section 94(4)(b) and does not depend on the certificate of general 6
registration being amended to record the change or a replacement certificate 7
of general registration being issued. 8
(3) If the board decides to remove the conditions, the removal takes effect 9
when notice of the decision is given to the registrant under section 94(5) and 10
does not depend on the certificate of general registration being amended to 11
record the removal or a replacement certificate of general registration being 12
issued. 13
by board to make decision on application 14
Failure
96.(1) Subject to subsections (2) and (3), if the board fails to decide an 15
application under section 8922 within 60 days after its receipt, the failure is 16
taken to be a decision by the board to remove the conditions. 17
(2) Subsection (3) applies if the board has-- 18
(a) under section 91(1)(b), 23 required the applicant to give the board 19
further information or a document; or 20
(b) under section 91(1)(c), required the applicant to undergo an 21
examination; or 22
(c) under section 91(1)(d), required the applicant to undergo a health 23
assessment. 24
(3) The board is taken to have decided to remove the conditions if the 25
board fails to decide the application by the latest of the following days-- 26
(a) the day that is 60 days after the board receives the further 27
information or document; 28
(b) the day that is 60 days after the board receives the results of the 29
22 Section 89 (How registrant may start a review)
23 Section 91 (Board's powers before making decision)
s 97 62 s 97
Dental Practitioners Registration
examination; 1
(c) the day that is 60 days after the board receives the assessment 2
report. 3
(4) The removal of the conditions under subsection (1) or (3) does not 4
depend on the certificate of general registration being amended to record the 5
removal or a replacement certificate of general registration being issued. 6
by board to make decision on review agreed to under s 90 7
Failure
97.(1) Subject to subsections (2) and (3), if the board fails to make a 8
decision on a review agreed to under section 9024 within 60 days after the 9
agreement, the failure is taken to be a decision by the board to remove the 10
conditions. 11
(2) Subsection (3) applies if the board has-- 12
(a) under section 91(1)(b), required the registrant to give the board 13
further information or a document; or 14
(b) under section 91(1)(c), required the registrant to undergo an 15
examination; or 16
(c) under section 91(1)(d), required the registrant to undergo a health 17
assessment. 18
(3) The board is taken to have decided to remove the conditions if the 19
board fails to make a decision on the review by the latest of the following 20
days-- 21
(a) the day that is 60 days after the board receives the further 22
information or document; 23
(b) the day that is 60 days after the board receives the results of the 24
examination; 25
(c) the day that is 60 days after the board receives the assessment 26
report. 27
(4) The removal of the conditions under subsection (1) or (3) does not 28
depend on the certificate of general registration being amended to record the 29
removal or a replacement certificate of general registration being issued. 30
24 Section 90 (Review of conditions during review period)
s 98 63 s 99
Dental Practitioners Registration
decision required if certain conditions changed 1
Further
98.(1) This section applies if the conditions were imposed because of the 2
registrant's mental and physical health. 3
(2) If the board decides to change the conditions, it must also decide 4
whether details of the changed conditions must be recorded in the register 5
for the period for which the conditions are in force. 6
(3) The board must decide not to record details of the changed conditions 7
in the register unless it reasonably believes it is in the interests of users of 8
the registrant's services or the public to know the details. 9
2--Recording change, or removal, of conditions 10
Subdivision
of, or replacing, certificates of general registration 11
Amendment
99.(1) This section applies if-- 12
(a) a general registrant receives an information notice, under 13
section 94(4)(b), about decisions relating to a change of the 14
conditions of the registration; or 15
(b) a general registrant receives a notice, under section 94(5), about a 16
decision to remove the conditions of the registration; or 17
(c) the board is taken, under section 96 or 97, to have decided to 18
remove the conditions of a general registration. 19
(2) The registrant must return the certificate of general registration to the 20
board-- 21
(a) if subsection (1)(a) or (b) applies--within 14 days after receiving 22
the notice, unless the registrant has a reasonable excuse; or 23
(b) if subsection (1)(c) applies--within 14 days after the day the 24
registrant actually becomes aware of the removal. 25
Maximum penalty--10 penalty units. 26
(3) On receiving the certificate, the board must-- 27
(a) amend the certificate in an appropriate way and return the 28
amended certificate to the registrant; or 29
(b) if the board does not consider it practicable to amend the 30
s 100 64 s 101
Dental Practitioners Registration
certificate, issue another certificate of general registration to the 1
registrant to replace the certificate returned to the board. 2
Division 8--Specialist registration 3
Subdivision 1--Applications 4
requirements for applications 5
Procedural
100.(1) An application for specialist registration must-- 6
(a) be made to the board; and 7
(b) be in the approved form; and 8
(c) be accompanied by-- 9
(i) satisfactory evidence of relevant qualifications; and 10
(ii) the application fee prescribed under a regulation (the 11
"specialist application fee"); and 12
(iii) the registration fee prescribed under a regulation (the 13
"specialist registration fee"); and 14
(iv) any other documents, identified in the approved form, the 15
board reasonably requires; and 16
(v) if the applicant is registered under a corresponding law, 17
written details of any conditions attaching to the registration. 18
(2) Information in the application must, if the approved form requires, be 19
verified by a statutory declaration. 20
Subdivision 2--Eligibility for specialist registration 21
22
Eligibility
101.(1) An applicant for specialist registration in a specialty is eligible for 23
specialist registration in the specialty if-- 24
(a) the applicant is a general registrant; and 25
s 102 65 s 102
Dental Practitioners Registration
(b) the applicant is qualified for specialist registration in the specialty 1
under section 102. 2
(2) Without limiting subsection (1), the board may be satisfied the 3
applicant is eligible for specialist registration in the specialty by imposing 4
conditions on the registration under section 111.25 5
applicant is qualified for specialist registration 6
When
102.(1) An applicant for specialist registration in a specialty is qualified 7
for specialist registration in the specialty if-- 8
(a) the applicant has a qualification that is-- 9
(i) a postgraduate qualification, conferred on the successful 10
completion of coursework requiring at least 3 years full-time 11
study; and 12
(ii) prescribed for the specialty under a regulation; or 13
(b) the applicant has a qualification in the specialty that is substantially 14
equivalent to, or based on similar competencies to that required 15
for, a current Australian or New Zealand qualification; or 16
(c) the applicant has passed a qualifying examination in the specialty 17
set by or for, or recognised by, the board. 18
(2) In deciding whether subsection (1)(b) is satisfied, the board may have 19
regard to the following-- 20
(a) the advice and recommendations of-- 21
(i) an entity recognised by the board as competent to assess 22
qualifications in the specialty; or 23
(ii) an entity responsible for accrediting courses, or accrediting 24
institutions to educate persons, for the specialty; 25
(b) the attributes of the course leading to the applicant's qualification; 26
27
Example of `attributes' of a course--
28
The course objectives and competencies.
(c) any other relevant issue. 29
25 Section 111 (Imposition of conditions by board)
s 103 66 s 103
Dental Practitioners Registration
(3) The reference in subsection (1)(a)(i) to 3 years full-time study 1
includes a reference to an amount of study that the board is satisfied is the 2
equivalent of 3 years full-time study. 3
(4) In this section-- 4
"current Australian or New Zealand qualification", in a specialty, 5
means an Australian or New Zealand qualification in the specialty, 6
mentioned in a regulation made under subsection (1)(a), that may be 7
conferred or awarded as a result of the successful completion of a 8
course offered, at the date of the applicant's application for specialist 9
registration, by the educational institution mentioned in relation to the 10
qualification. 11
3--Inquiries into applications 12
Subdivision
powers before deciding applications 13
Board's
103.(1) Before deciding the application, the board-- 14
(a) may investigate the applicant; and 15
(b) may, by notice given to the applicant, require the applicant to give 16
the board, within a reasonable time of at least 30 days stated in the 17
notice, further information or a document the board reasonably 18
requires to decide the application; and 19
(c) may, by notice given to the applicant, require the applicant to 20
undergo a written, oral or practical examination within a 21
reasonable time of at least 30 days stated in the notice, and at a 22
reasonable place. 23
(2) The board may require the information or document mentioned in 24
subsection (1)(b) to be verified by a statutory declaration. 25
(3) The purpose of an examination under subsection (1)(c) must be to 26
assess the applicant's ability to competently and safely practise the specialty 27
to which the application relates. 28
(4) The applicant is taken to have withdrawn the application if, within the 29
stated time, the applicant-- 30
(a) does not comply with a requirement under subsection (1)(b); or 31
s 104 67 s 106
Dental Practitioners Registration
(b) does not undergo an examination under subsection (1)(c). 1
(5) A notice under subsection (1)(b) or (c) must be given to the applicant 2
within 60 days after the board receives the application. 3
Subdivision 4--Decision on applications 4
5
Decision
104. The board must consider the application and decide to register, or 6
refuse to register, the applicant as a specialist registrant in the specialty. 7
to be taken after application decided 8
Steps
105.(1) If the board decides to register the applicant as a specialist 9
registrant, it must as soon as practicable issue a certificate of specialist 10
registration to the applicant. 11
(2) If the board decides to refuse to register the applicant as a specialist 12
registrant, the board must as soon as practicable give the applicant an 13
information notice about the decision. 14
to decide applications 15
Failure
106.(1) Subject to subsections (2) and (3), if the board fails to decide the 16
application within 60 days after its receipt, the failure is taken to be a 17
decision by the board to refuse to register the applicant as a specialist 18
registrant. 19
(2) Subsection (3) applies if the board has-- 20
(a) under section 103(1)(b), required the applicant to give the board 21
further information or a document; or 22
(b) under section 103(1)(c), required the applicant to undergo an 23
examination. 24
(3) The board is taken to have refused to register the applicant as a 25
specialist registrant if it fails to decide the application by the later of the 26
following days-- 27
(a) the day that is 60 days after the board receives the further 28
s 107 68 s 107
Dental Practitioners Registration
information or document; 1
(b) the day that is 60 days after the board receives the results of the 2
examination. 3
(4) This section does not apply if the applicant is registered as a 4
provisional specialist registrant.26 5
(5) This section is subject to section 107. 6
consideration of applications 7
Further
107.(1) This section applies if the board considers it needs further time to 8
make a decision on the application because of the complexity of the matters 9
that need to be considered in deciding the application. 10
11
Example of an application for specialist registration that may require the consideration
12
of complex matters--
13
An application requiring the board to obtain and consider information about the
14
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 15
notice to the applicant that-- 16
(a) because of the complexity of the matters that need to be 17
considered in deciding the application, the board needs further 18
time to decide the application; and 19
(b) the period within which the board must decide the application is 20
extended to a day (the "extended day") that is 60 days after the 21
final consideration day. 22
(3) Also, the applicant and board may at any time before the final 23
consideration day agree in writing on a day (the "agreed extended day") 24
by which the application is to be decided. 25
(4) The board is taken to have decided to refuse to register the applicant 26
as a specialist registrant if it does not decide the application by-- 27
(a) if subsection (2) applies--the extended day; or 28
26 If the applicant is registered as a provisional specialist registrant, section 67, as
applied by section 113(1)(a), states when the board is taken to have decided to
refuse to register the applicant as a specialist registrant.
s 108 69 s 108
Dental Practitioners Registration
(b) if subsection (3) applies--the agreed extended day; or 1
(c) if both subsections (2) and (3) apply--the later of the extended 2
day or agreed extended day. 3
(5) Subsection (4) does not apply if the applicant is registered as a 4
provisional specialist registrant.27 5
(6) In this section-- 6
"final consideration day" means the latest of the following days-- 7
(a) the day that is 60 days after receipt of the application; 8
(b) if the board has, under section 103(1)(b), required the applicant to 9
give the board further information or a document--the day that is 10
60 days after the board receives the further information or 11
document; 12
(c) if the board has, under section 103(1)(c), required the applicant to 13
undergo an examination, the day that is 60 days after the board 14
receives the results of the examination. 15
5--Information in certificates of specialist registration 16
Subdivision
of certificates of specialist registration 17
Form
108.(1) A certificate of specialist registration must be in the approved 18
form. 19
(2) The approved form must provide for the inclusion of the following-- 20
(a) the registrant's name; 21
(b) the specialty to which the registration relates; 22
(c) the period of the registration; 23
(d) any conditions of registration. 24
27 If the applicant is registered as a provisional specialist registrant, section 67, as
applied by section 113(1)(a), states when the board is taken to have decided to
refuse to register the applicant as a specialist registrant.
s 109 70 s 110
Dental Practitioners Registration
Subdivision 6--Period of specialist registration 1
2
Period
109.(1) The period of registration that is to apply to specialist registrants 3
is the period (the "specialist registration period"), not more than 3 years, 4
prescribed under a regulation. 5
(2) If the board decides to register an applicant as a specialist registrant 6
during a specialist registration period, the registration remains in force for 7
the period-- 8
(a) commencing on the day when the board made the decision; and 9
(b) ending on the last day of the specialist registration period. 10
7--Conditions of specialist registration 11
Subdivision
attaching to general registration applicable to specialist 12
Conditions
registration 13
110.(1) This section applies if-- 14
(a) the board decides to register a general registrant as a specialist 15
registrant; and 16
(b) the registrant's general registration is, immediately before the 17
decision takes effect, subject to conditions. 18
(2) The registrant's specialist registration is subject to the conditions, 19
other than any recency of practice conditions, attaching to the general 20
registration. 21
(3) Subsection (2) does not limit the board's power to impose conditions 22
under section 111 on the registrant's specialist registration. 23
s 111 71 s 113
Dental Practitioners Registration
(4) Conditions attaching under subsection (2) to a specialist registration 1
may not be reviewed under division 7, as applied by section 113.28 2
of conditions by board 3
Imposition
111.(1) The board may decide to register an applicant as a specialist 4
registrant in a specialty on conditions the board considers necessary or 5
desirable for the applicant to competently and safely practise the specialty. 6
(2) If the board decides to register an applicant as a specialist registrant on 7
conditions, it must as soon as practicable-- 8
(a) also decide the review period applying to the conditions;29 and 9
(b) give the applicant an information notice about the decisions. 10
of conditions 11
Contravention
112. A specialist registrant must not contravene a condition of the 12
registration imposed under this Act. 13
Maximum penalty--100 penalty units. 14
8--Application of certain provisions 15
Subdivision
of certain provisions about general registration to 16
Application
specialist registration 17
113.(1) The following provisions (the "stated provisions") apply to 18
provisional specialist registration and specialist registration as if it were 19
provisional general registration and general registration-- 20
(a) division 3 (Provisional general registration); 21
28 See section 116 (Effect on specialist registration if conditions on general
registration are changed or removed) which provides that if conditions on a
specialist registrant's general registration are changed or removed the conditions
are to be changed in the same way on, or removed from, the registrant's
specialist registration.
29 The conditions may be reviewed under division 7 (Reviewing conditions of
general registrations) as applied by section 113.
s 113 72 s 113
Dental Practitioners Registration
(b) division 4 (Renewal of general registrations); 1
(c) division 5 (Restoration of general registrations); 2
(d) division 6 (Cancellation of general registrations); 3
(e) division 7 (Reviewing conditions of general registrations), other 4
than the provisions to the extent to which they relate to health 5
assessments and other than section 98.30 6
(2) For subsection (1), the stated provisions apply as if-- 7
(a) an applicant for general registration were an applicant for 8
specialist registration; and 9
(b) an application for general registration were an application for 10
specialist registration; and 11
(c) general registration were specialist registration; and 12
(d) provisional general registration were provisional specialist 13
registration; and 14
(e) a certificate of provisional general registration were a certificate of 15
provisional specialist registration; and 16
(f) a provisional general registrant were a provisional specialist 17
registrant; and 18
(g) a certificate of general registration were a certificate of specialist 19
registration; and 20
(h) a general registrant were a specialist registrant; and 21
(i) the profession were the specialty to which the specialist 22
registration relates; and 23
(j) the registration fee were the specialist registration fee; and 24
(k) the restoration fee were the specialist restoration fee; and 25
(l) a general registration period were a specialist registration period; 26
and 27
(m) an applicant for renewal of general registration were an applicant 28
30 Section 98 (Further decision required if certain conditions changed) provides for
the decision to be made if the board decides to change conditions imposed
because of the registrant's mental and physical health.
s 114 73 s 115
Dental Practitioners Registration
for renewal of specialist registration; and 1
(n) an application for renewal of general registration were an 2
application for renewal of specialist registration; and 3
(o) an applicant for restoration of general registration were an 4
applicant for restoration of specialist registration; and 5
(p) an application for restoration of general registration were an 6
application for restoration of specialist registration. 7
(3) The approved form for a certificate of provisional specialist 8
registration must also provide for the inclusion of the specialty to which the 9
registration relates. 10
Subdivision 9--Miscellaneous 11
information to be included in show cause notice 12
Additional
114.(1) This section applies if the board gives a specialist registrant or a 13
provisional specialist registrant a show cause notice in relation to the 14
registrant's general registration. 15
(2) In addition to the matters mentioned in section 83(2), the show cause 16
notice must state that if the general registration is cancelled, the specialist 17
registration or provisional specialist registration ends. 18
on specialist registration if general registration ceases to have 19
Effect
effect 20
115.(1) This section applies if a specialist registrant's or provisional 21
specialist registrant's general registration ends under this Act. 22
(2) The registrant's specialist registration or provisional specialist 23
registration ends on the same day (the "effective day") as the day the 24
general registration ends. 25
(3) Subsection (2) applies despite section 71,31 as applied by 26
section 113(1). 27
31 Section 71 (General registration taken to be in force while application is
considered)
s 116 74 s 116
Dental Practitioners Registration
(4) If the registrant's general registration is cancelled by the board, the 1
information notice given to the registrant about the decision to cancel the 2
general registration must also include a direction to the registrant to return 3
the certificate of specialist registration or certificate of provisional specialist 4
registration within 14 days after the effective day. 5
(5) The registrant must return the certificate to the board within 14 days 6
after the effective day, unless the registrant has a reasonable excuse. 7
Maximum penalty for subsection (5)--10 penalty units. 8
on specialist registration if conditions on general registration are 9
Effect
changed or removed 10
116.(1) This section applies if-- 11
(a) a specialist registrant's general registration is subject to 12
conditions;32 and 13
(b) the conditions are changed or removed under this Act. 14
(2) The conditions are taken to be-- 15
(a) for a decision to change conditions on the registrant's general 16
registration--changed in the same way on the registrant's 17
specialist registration; and 18
(b) for a decision to remove conditions from the registrant's general 19
registration--removed from the registrant's specialist registration. 20
(3) The change to, or removal of, the conditions on the specialist 21
registration takes effect on the same day as the day (the "effective day") the 22
board's decision to change or remove the conditions on the general 23
registration takes effect. 24
(4) The information notice given to the registrant about the decision to 25
change or remove the conditions on the registrant's general registration 26
must also include a direction to the registrant to return the certificate of 27
specialist registration within 14 days after the effective day. 28
(5) The registrant must return the certificate of specialist registration to 29
32 Under section 110(2) a person's specialist registration is subject to the conditions
attaching to the person's general registration immediately before the person is
registered as a specialist registrant.
s 117 75 s 118
Dental Practitioners Registration
the board within 14 days after the effective day, unless the registrant has a 1
reasonable excuse. 2
Maximum penalty--10 penalty units. 3
(6) On receiving the certificate, the board must-- 4
(a) amend the certificate in an appropriate way and return the 5
amended certificate to the registrant; or 6
(b) if the board does not consider it practicable to amend the 7
certificate, issue another certificate of specialist registration to the 8
registrant to replace the certificate returned to the board. 9
(7) In this section-- 10
"conditions" means conditions other than any recency of practice 11
conditions. 12
of specialist registration 13
Restoration
117.(1) This section applies if-- 14
(a) a person's specialist registration expires; and 15
(b) the person applies, under section 77, as applied by 16
section 113(1)(c), for the restoration of the specialist registration. 17
(2) The board must decide not to restore the person's specialist 18
registration if the person is not a general registrant. 19
(3) Section 73, as applied under section 113(1)(c), is subject to this 20
section. 21
about recording certain conditions in register 22
Decision
118.(1) This section applies if-- 23
(a) conditions ("health conditions") are imposed under this Act on 24
a specialist registrant's general registration because of the 25
registrant's mental or physical health; or 26
(b) the health conditions (the "changed health conditions") are 27
changed under this Act. 28
(2) The decision made, under this Act, about recording details of the 29
s 119 76 s 120
Dental Practitioners Registration
health conditions or changed health conditions in the register applies in the 1
same way to the same conditions attaching to the registrant's specialist 2
registration. 3
9--Special purpose registrations 4
Division
1--Applications for special purpose registration 5
Subdivision
of special activities relating to the profession 6
Undertaking
119. A person may obtain special purpose registration to undertake 1 or 7
more of the following activities (the "special activities") relating to the 8
profession-- 9
(a) study or train at postgraduate level; 10
(b) teach; 11
(c) engage in research; 12
(d) give clinical demonstrations. 13
of divs 2 and 3 14
Application
120.(1) For a person being registered as a special purpose registrant, 15
division 2, other than subdivisions 2, 6 and 7, and division 333 apply as if-- 16
(a) an application for general registration were an application for 17
special purpose registration; and 18
(b) an applicant for general registration were an applicant for special 19
purpose registration; and 20
(c) a general registration were a special purpose registration; and 21
(d) a general registrant were a special purpose registrant; and 22
(e) a certificate of general registration were a certificate of special 23
33 Division 2 (Applications for general registration), subdivisions 2 (Eligibility for
general registration), 6 (Period of general registration) and 7 (Conditions of
general registration) and division 3 (Provisional general registration)
s 121 77 s 122
Dental Practitioners Registration
purpose registration; and 1
(f) a provisional general registrant were a provisional special purpose 2
registrant; and 3
(g) a provisional general registration were a provisional special 4
purpose registration; and 5
(h) a certificate of provisional general registration were a certificate of 6
provisional special purpose registration. 7
(2) The approved form for a certificate of special purpose registration or 8
provisional special purpose registration must also provide for the inclusion 9
of-- 10
(a) details of the special activity for which the registrant is registered; 11
and 12
(b) if the special activity involves the practice of a specialty, details of 13
the specialty to be practised. 14
15
Eligibility
121. An applicant for special purpose registration is eligible for special 16
purpose registration if the applicant-- 17
(a) has a qualification required for special purpose registration; and 18
(b) is a suitable person to be a special purpose registrant. 19
for special purpose registration 20
Qualifications
122.(1) An applicant for special purpose registration has a qualification 21
required for special purpose registration if the applicant is the holder of a 22
qualification in the profession recognised by the board. 23
(2) In deciding whether to recognise the qualification, the board may have 24
regard to the following-- 25
(a) whether the course leading to the qualification has been accredited 26
by an entity responsible for accrediting courses for the profession; 27
(b) whether the educational institution conferring or awarding the 28
qualification has been accredited by an entity responsible for 29
accrediting institutions to educate persons for the profession; 30
s 123 78 s 125
Dental Practitioners Registration
(c) the advice and recommendations of an entity recognised by the 1
board as competent to assess qualifications in the profession. 2
to be a special purpose registrant 3
Suitability
123. In deciding whether an applicant for special purpose registration is a 4
suitable person to be a special purpose registrant, the board may have regard 5
to the following-- 6
(a) whether the applicant has been convicted of an indictable offence; 7
(b) whether the applicant has been convicted of an offence against the 8
repealed Act, this Act, the Health Practitioners (Professional 9
Standards) Act 1999 or a corresponding law; 10
(c) if the applicant has been registered under this Act or the repealed 11
Act or is, or has been, registered under a corresponding law and 12
the registration was affected-- 13
(i) by the imposition of a condition--the nature of the condition 14
and the reason for its imposition; or 15
(ii) by its suspension or cancellation--the reason for its 16
suspension or cancellation; or 17
(iii) in another way--the way it was affected and the reason for it 18
being affected; 19
(d) any other issue relevant to the applicant's ability to undertake the 20
special activity the subject of the application. 21
of special purpose registration 22
Period
124. If the board decides to register the applicant as a special purpose 23
registrant, the registration remains in force for the period, not more than 24
1 year, decided by the board when deciding to register the applicant as a 25
special purpose registrant. 26
of conditions by board 27
Imposition
125.(1) The board may decide to register the applicant as a special 28
purpose registrant on conditions the board considers necessary or desirable 29
for the applicant to competently and safely undertake the special activity the 30
s 126 79 s 127
Dental Practitioners Registration
subject of the application. 1
(2) If the board decides to register the applicant as a special purpose 2
registrant on conditions, it must as soon as practicable give the applicant an 3
information notice about the decision. 4
of conditions 5
Contravention
126. A special purpose registrant must not contravene a condition of the 6
registration imposed under this Act. 7
Maximum penalty--100 penalty units. 8
Subdivision 2--Renewal of special purpose registrations 9
of div 4, sdivs 2 and 3 10
Application
127. For renewing a special purpose registration, division 4, 11
subdivisions 2 and 3, other than sections 70(5)(a) and 75(3)34 and the 12
provisions to the extent to which they relate to recency of practice 13
requirements, apply as if-- 14
(a) an application for the renewal of a general registration were an 15
application for the renewal of a special purpose registration; and 16
(b) an applicant for the renewal of a general registration were an 17
applicant for the renewal of a special purpose registration; and 18
(c) an applicant's general registration were an applicant's special 19
purpose registration; and 20
(d) a general registrant were a special purpose registrant; and 21
(e) a certificate of general registration were a certificate of special 22
purpose registration. 23
34 Division 4 (Renewal of general registrations), subdivisions 2 (Applications for
renewal of general registrations) and 3 (Decision on applications),
sections 70 (Procedural requirements for applications) and 75 (Steps to be taken
after application decided)
s 128 80 s 131
Dental Practitioners Registration
that may be considered in deciding whether to renew special 1
Matters
purpose registrations 2
128. In deciding whether to renew a special purpose registration, the 3
board may have regard to the matters to which the board may have regard in 4
deciding whether a proposed special purpose registrant is a suitable person 5
to be a special purpose registrant.35 6
of conditions by board 7
Imposition
129.(1) The board may decide to renew a special purpose registration on 8
conditions the board considers necessary or desirable for the registrant to 9
competently and safely undertake the special activity the subject of the 10
registration. 11
(2) If the board decides to renew a special purpose registration on 12
conditions, it must as soon as practicable give the registrant an information 13
notice about the decision. 14
(3) To remove doubt, it is declared that any conditions attaching to the 15
registration immediately before its renewal do not continue to apply to the 16
registration on its renewal. 17
of renewed special purpose registration 18
Period
130. If the board decides to renew a special purpose registration, the 19
registration remains in force for the period, not more than 1 year, decided by 20
the board when deciding to renew the registration. 21
Subdivision 3--Cancellation of special purpose registrations 22
of div 6 23
Application
131. For cancelling a special purpose registration, division 6, other than 24
35 See section 123 (Suitability to be a special purpose registrant) for a list of the
matters.
s 132 81 s 133
Dental Practitioners Registration
section 82, applies as if36-- 1
(a) a general registration were a special purpose registration; and 2
(b) a certificate of general registration were a certificate of special 3
purpose registration. 4
for cancellation 5
Grounds
132. Each of the following is a ground for cancelling a special purpose 6
registration-- 7
(a) the registrant has practised the profession other than for the 8
special activity for which the registrant is registered; 9
(b) the registrant has been convicted of an indictable offence; 10
(c) the registrant has been convicted of an offence against this Act, 11
the Health Practitioners (Professional Standards) Act 1999 or a 12
corresponding law; 13
(d) the registrant has contravened a condition of the registration; 14
(e) the registrant was registered because of a materially false or 15
misleading representation or declaration. 16
4--Removal of conditions 17
Subdivision
18
Removal
133.(1) This section applies if the board reasonably believes the 19
conditions imposed on a special purpose registration under this Act are no 20
longer appropriate. 21
(2) The board must decide to remove the conditions. 22
(3) The board must give the registrant notice of the decision as soon as 23
practicable after it is made. 24
(4) The registrant must return the certificate of special purpose 25
registration to the board within 14 days after receiving the notice, unless the 26
36 Division 6 (Cancellation of general registrations)
Section 82 (Ground for cancellation)
s 134 82 s 135
Dental Practitioners Registration
registrant has a reasonable excuse. 1
Maximum penalty--10 penalty units. 2
(5) On receiving the certificate, the board must-- 3
(a) amend the certificate in an appropriate way and return the 4
amended certificate to the registrant; or 5
(b) if the board does not consider it practicable to amend the 6
certificate--issue another certificate of special purpose registration 7
to the registrant to replace the certificate returned to the board. 8
(6) The removal takes effect when notice of the decision is given to the 9
registrant and does not depend on the certificate of special purpose 10
registration being amended to record the removal or a replacement certificate 11
of special purpose registration being issued. 12
Division 10--General provisions about registrations 13
is taken to be registered under this part 14
Person
134.(1) This section applies if, under this Act, an entity decides to-- 15
(a) register a person; or 16
(b) restore a person's registration. 17
(2) The person is taken to be registered under this part. 18
of registrations 19
Surrender
135.(1) A registrant may surrender the registration by notice given to the 20
board.37 21
(2) The surrender takes effect-- 22
(a) on the day the notice is given to the board; or 23
(b) if a later day of effect is stated in the notice, on the later day. 24
(3) The registrant must return the certificate of registration to the board 25
37 See section 115 (Effect on specialist registration if general registration ceases to
have effect).
s 136 83 s 138
Dental Practitioners Registration
within 14 days after the day the surrender takes effect, unless the registrant 1
has a reasonable excuse. 2
Maximum penalty for subsection (3)--10 penalty units. 3
of certificates of registration 4
Replacement
136.(1) A registrant may apply to the board for the replacement of the 5
certificate of registration if it has been lost, stolen, destroyed or damaged. 6
(2) The board must consider the application and decide to grant, or refuse 7
to grant, the application. 8
(3) The board must decide to grant the application if it is satisfied the 9
certificate has been lost, stolen or destroyed, or damaged in a way to require 10
its replacement. 11
(4) If the board decides to grant the application, it must on payment of the 12
fee prescribed under a regulation-- 13
(a) replace the lost, stolen, destroyed or damaged certificate with 14
another certificate of registration; and 15
(b) give the replacement certificate of registration to the applicant. 16
(5) If the board decides to refuse to grant the application, it must as soon 17
as practicable give the applicant an information notice about the decision. 18
copy of certificates of registration 19
Certified
137. A registrant may, on payment of the fee prescribed under a 20
regulation, obtain from the board a certified copy of the certificate of 21
registration. 22
of change in circumstances 23
Notification
138. A registrant must, within 21 days after the happening of a change in 24
the registrant's circumstances prescribed under a regulation, advise the 25
board of the change. 26
Maximum penalty--10 penalty units. 27
s 139 84 s 139
Dental Practitioners Registration
of certain events to interstate regulatory authorities and 1
Notification
other entities 2
139.(1) This section applies if-- 3
(a) a person's general registration, specialist registration or special 4
purpose registration is cancelled under this Act; or 5
(b) conditions are imposed, under this Act, on a person's general 6
registration, specialist registration or special purpose registration; 7
or 8
(c) conditions on a person's general registration, specialist 9
registration or special purpose registration are removed under this 10
Act. 11
(2) As soon as practicable after an event mentioned in subsection (1) 12
happens, the board must give notice about the event to each interstate 13
regulatory authority with which the board is aware the person is registered. 14
(3) Also, the board may give notice about the event to any of the 15
following-- 16
(a) the chief executive; 17
(b) other State regulatory authorities; 18
(c) foreign regulatory authorities; 19
(d) professional colleges of which the person is eligible to be a 20
member; 21
(e) professional associations of which the person is eligible to be a 22
member; 23
(f) an employer of the person; 24
(g) the Health Insurance Commission; 25
(h) the Health Rights Commissioner; 26
(i) the Minister; 27
(j) another entity having a connection with the person's practice as a 28
general or special purpose registrant. 29
(4) However, the board must not give a notice about the event to an entity 30
under subsection (3) unless the board reasonably believes-- 31
s 140 85 s 140
Dental Practitioners Registration
(a) the entity needs to know about the event; and 1
(b) giving the entity notice about the event will assist in achieving the 2
objects of this Act. 3
(5) A notice under this section may include the information the board 4
considers appropriate in the circumstances. 5
(6) In this section-- 6
"impose", a condition, does not include confirm the condition. 7
"State regulatory authorities" means boards established under the health 8
practitioner registration Acts. 9
ART 4--OBLIGATIONS OF REGISTRANTS AND 10
P
OTHER PERSONS 11
1--Restricted titles and holding out 12
Division
of restricted titles etc. 13
Taking
140.(1) A person who is not a registrant must not take or use a restricted 14
title. 15
Maximum penalty--1 000 penalty units. 16
17
Example of an individual taking or using a restricted title--
18
AB describes himself or herself as `AB, dentist'.
19
Examples of a corporation taking or using a restricted title--
20
1. ABC Pty Ltd describes itself as `ABC Pty Ltd, dental practitioners'.
21
2. A corporation having a restricted title as part of its name.
(2) Subsection (1) does not apply if-- 22
(a) the title is taken or used as part of a business name for a business 23
providing professional services; and 24
(b) in the carrying on of the business by the person, a registrant 25
provides professional services. 26
s 140 86 s 140
Dental Practitioners Registration
(3) Also, subsection (1) does not apply if-- 1
(a) the person is undertaking study or training in the practice of the 2
profession to obtain a qualification for registration; and 3
(b) the person takes or uses the title, in the course of the study or 4
training, in conjunction with words that indicate the person is a 5
student or trainee in the profession. 6
(4) A person (the "first person") must not, in relation to another person 7
who the first person knows or ought reasonably to know is not a registrant, 8
use a restricted title. 9
Maximum penalty--1 000 penalty units. 10
(5) Subsection (4) does not apply if-- 11
(a) the other person is undertaking study or training in the practice of 12
the profession to obtain a qualification for registration; and 13
(b) the first person uses the title in relation to the other person, in the 14
course of the study or training, in conjunction with words that 15
indicate the other person is a student or trainee in the profession. 16
(6) A person who is not a registrant must not take or use a title (other 17
than a restricted title), name, initial, symbol, word or description that, having 18
regard to the circumstances in which it is taken or used, indicates or could 19
be reasonably understood to indicate-- 20
(a) the person is a dental practitioner; or 21
(b) the person is authorised or qualified to practise the profession. 22
Maximum penalty--500 penalty units. 23
(7) A person (the "first person") must not, in relation to another person 24
who the first person knows or ought reasonably to know is not a registrant, 25
use a title (other than a restricted title), name, initial, symbol, word or 26
description that, having regard to the circumstances in which it is used, 27
indicates or could be reasonably understood to indicate-- 28
(a) the other person is a dental practitioner; or 29
(b) the other person is authorised or qualified to practise the 30
profession. 31
Maximum penalty for subsection (7)--500 penalty units. 32
s 141 87 s 141
Dental Practitioners Registration
of restricted specialist title etc. 1
Taking
141.(1) A person who is not a specialist registrant or provisional 2
specialist registrant in a specialty must not take or use a restricted specialist 3
title for the specialty. 4
Maximum penalty--1 000 penalty units. 5
(2) Subsection (1) does not apply to a person if-- 6
(a) the person takes or uses a restricted specialist title for a specialty 7
as part of a business name for a business providing professional 8
services in the specialty; and 9
(b) in the carrying on of the business by the person, a specialist 10
registrant or provisional specialist registrant in the specialty 11
provides professional services in the specialty. 12
(3) Also, subsection (1) does not apply to a person if-- 13
(a) the person-- 14
(i) is undertaking study or training in the practice of a specialty 15
to obtain a qualification for registration in the specialty; and 16
(ii) takes or uses a restricted specialist title for the specialty, in 17
the course of the study or training, in conjunction with words 18
that indicate the person is a student or trainee in the specialty; 19
or 20
(b) the person is registered as a special purpose registrant or 21
provisional special purpose registrant for a special purpose that 22
involves the practice of the specialty. 23
Maximum penalty--1 000 penalty units. 24
(4) A person (the "first person") must not, in relation to another person 25
who the first person knows or ought reasonably to know is not a specialist 26
registrant or a provisional specialist registrant in a specialty, use a restricted 27
specialist title for the specialty. 28
Maximum penalty--1 000 penalty units. 29
(5) Subsection (4) does not apply to the first person if the other person is 30
registered as a special purpose registrant or a provisional special purpose 31
registrant for a purpose that involves the practice of the specialty. 32
(6) Also, subsection (4) does not apply if-- 33
s 142 88 s 142
Dental Practitioners Registration
(a) the other person is undertaking study or training in the practice of 1
a specialty to obtain a qualification for registration in the specialty; 2
and 3
(b) the first person uses a restricted specialist title for the specialty in 4
relation to the other person, in the course of the study or training, 5
in conjunction with words that indicate the other person is a 6
student or trainee in the specialty. 7
(7) A person must not use the word `specialist' or `specialty' in 8
circumstances that indicate, or could be reasonably understood to indicate, 9
the person provides professional services in an area that is not a specialty. 10
Maximum penalty--1 000 penalty units. 11
(8) A person (the "first person") must not, in relation to another person 12
(the "second person") use the word `specialist' or `specialty' in 13
circumstances that indicate, or could be reasonably understood to indicate, 14
the second person provides professional services in an area that is not a 15
specialty. 16
Maximum penalty for subsection (8)--1 000 penalty units. 17
of title `doctor' 18
Use
142.(1) A registrant, in using the title of doctor, does not commit an 19
offence against the Higher Education (General Provisions) Act 1993, 20
section 8(3),38 so far as that subsection applies to the higher education 21
award of the title of doctor, if the registrant uses the title `doctor' followed 22
by-- 23
(a) the registrant's name and the words `dentist', `dental surgeon' or 24
`dental practitioner'; or 25
(b) for a specialist registrant, provisional specialist registrant, special 26
purpose registrant or provisional special purpose registrant whose 27
special activity involves the practice of a specialty--the 28
registrant's name and the restricted specialist title for the specialty. 29
38 Higher Education (General Provisions) Act 1993, section 8 (Limitation on
conferring or using certain awards)
s 143 89 s 144
Dental Practitioners Registration
(2) In this section-- 1
"title" includes description and status. 2
by persons as to registration 3
Claims
143. A person who is not a registrant must not-- 4
(a) claim, or hold himself or herself out, to be registered under this 5
Act; or 6
(b) allow himself or herself to be held out as being registered under 7
this Act; or 8
(c) claim, or hold himself or herself out, to be eligible to be registered 9
under this Act. 10
Maximum penalty--1 000 penalty units. 11
by persons as to other persons' registration 12
Claims
144.(1) A person must not hold out another person as being registered 13
under this Act if the person knows, or ought reasonably to know, the other 14
person is not registered under this Act. 15
Maximum penalty--1 000 penalty units. 16
17
Example--
18
A person carrying on a business providing professional services must not hold out
19
that an employee of the person is registered under this Act if the person knows
20
the employee is not registered under this Act.
(2) A person must not hold out another person as being a specialist 21
registrant if the person knows, or ought reasonably to know, the other 22
person is not a specialist registrant. 23
Maximum penalty--1 000 penalty units. 24
(3) A person must not hold out another person as being registered under 25
this Act in a particular specialty if the person knows, or ought reasonably to 26
know, the other person is not registered under this Act in the specialty. 27
Maximum penalty--1 000 penalty units. 28
s 145 90 s 145
Dental Practitioners Registration
on certain registrants 1
Restrictions
145.(1) A person who is a special purpose registrant or provisional 2
special purpose registrant must not-- 3
(a) claim, or hold himself or herself out, to be a general registrant or 4
provisional general registrant; or 5
(b) allow himself or herself to be held out as being a general 6
registrant or provisional general registrant; or 7
(c) claim, or hold himself or herself out, to be eligible to be a general 8
registrant or provisional general registrant. 9
Maximum penalty--100 penalty units. 10
(2) A registrant who is not a specialist registrant or provisional specialist 11
registrant must not-- 12
(a) claim, or hold himself or herself out, to be a specialist registrant 13
or provisional specialist registrant; or 14
(b) allow himself or herself to be held out as being a specialist 15
registrant or provisional specialist registrant; or 16
(c) claim, or hold himself or herself out, to be entitled to be a 17
specialist registrant or provisional specialist registrant. 18
Maximum penalty--100 penalty units. 19
(3) A registrant who is not a specialist registrant, or a provisional 20
specialist registrant, in a specialty must not-- 21
(a) claim, or hold himself or herself out, to be a specialist registrant 22
or provisional specialist registrant in the specialty; or 23
(b) allow himself or herself to be held out as being a specialist 24
registrant or provisional specialist registrant in the specialty; or 25
(c) claim, or hold himself or herself out, to be entitled to be a 26
specialist registrant or provisional specialist registrant in the 27
specialty. 28
Maximum penalty--100 penalty units. 29
s 146 91 s 147
Dental Practitioners Registration
on provisional registrants 1
Restrictions
146.(1) A person who is a provisional general registrant must not-- 2
(a) claim, or hold himself or herself out, to be a general registrant; or 3
(b) allow himself or herself to be held out as being a general 4
registrant; or 5
(c) claim, or hold himself or herself out, to be eligible to be a general 6
registrant. 7
Maximum penalty--100 penalty units. 8
(2) A person who is a provisional special purpose registrant must not-- 9
(a) claim, or hold himself or herself out, to be a special purpose 10
registrant; or 11
(b) allow himself or herself to be held out as being a special purpose 12
registrant; or 13
(c) claim, or hold himself or herself out, to be eligible to be a special 14
purpose registrant. 15
Maximum penalty--100 penalty units. 16
(3) A person who is a provisional specialist registrant must not-- 17
(a) claim, or hold himself or herself out, to be a specialist registrant; 18
or 19
(b) allow himself or herself to be held out as being a specialist 20
registrant; or 21
(c) claim, or hold himself or herself out, to be eligible to be a 22
specialist registrant. 23
Maximum penalty--100 penalty units. 24
on registrants registered on conditions 25
Restrictions
147. A registrant who is registered on conditions must not-- 26
(a) claim, or hold himself or herself out, to be registered without the 27
conditions or any conditions; or 28
(b) allow himself or herself to be held out as being registered without 29
s 148 92 s 148
Dental Practitioners Registration
the conditions or any conditions. 1
Maximum penalty--100 penalty units. 2
Division 2--Notification of business names and other details 3
of business names etc. 4
Notification
148.(1) A registrant must, before carrying on a business providing 5
professional services under a business name other than the registrant's own 6
name, give the board notice of the business name. 7
Maximum penalty--10 penalty units. 8
(2) Subsection (1) applies whether or not the business name is registered 9
under the Business Names Act 1962. 10
(3) An individual who is not a registrant must, before carrying on a 11
business providing professional services, give the board notice of-- 12
(a) the business name of the business (whether or not the name is 13
registered under the Business Names Act 1962); and 14
(b) the name and address of the individual. 15
Maximum penalty--10 penalty units. 16
(4) A corporation must, before carrying on a business providing 17
professional services, give the board notice of-- 18
(a) the business name of the business (whether or not the name is 19
registered under the Business Names Act 1962); and 20
(b) the name and principal address of the corporation; and 21
(c) the names and addresses of-- 22
(i) if the corporation is a corporation under the Corporations 23
Law--the directors of the corporation; or 24
(ii) if the corporation is not a corporation under the Corporations 25
Law--the members of the governing body of the 26
corporation. 27
Maximum penalty for subsection (4)--50 penalty units. 28
s 149 93 s 150
Dental Practitioners Registration
of change in business names etc. 1
Notification
149.(1) This section applies if-- 2
(a) a person has given the board a notice under section 148; and 3
(b) there is a change in the information contained in the notice. 4
(2) The person must, within 14 days after the happening of the change, 5
give the board notice of the change. 6
Maximum penalty--10 penalty units. 7
(3) The person does not commit an offence against section 148 during 8
the period of 14 days after the happening of the change if the person 9
complies with subsection (2). 10
Division 3--Advertising 11
of advertisers 12
Obligations
150.(1) A person must not advertise a professional service, or a business 13
providing professional services, in a way that-- 14
(a) is false, misleading or deceptive or is likely to be misleading or 15
deceptive; or 16
17
Example for paragraph (a)--
18
An advertisement that contains a false claim about the beneficial
19
outcome of a professional service.
(b) offers a discount, gift or other inducement to attract a person to 20
use the service or the business, unless the advertisement also 21
states the terms of the offer; or 22
(c) refers to, uses or cites actual or purported endorsements or 23
testimonials about the service or business, or a registrant; or 24
(d) is disparaging of-- 25
(i) a professional service provided by another person; or 26
(ii) a business providing professional services; or 27
(iii) a registrant. 28
Maximum penalty--200 penalty units. 29
s 151 94 s 152
Dental Practitioners Registration
(2) A person must not advertise a professional service that the person 1
knows or ought reasonably know will, or is likely to, harm a person to 2
whom it is provided. 3
Maximum penalty--200 penalty units. 4
(3) A person must not advertise a registrant's expertise in a field of 5
practice of the profession unless the registrant has the skills, knowledge, 6
training or qualifications necessary to practise in the field. 7
Maximum penalty--200 penalty units. 8
(4) A printer or publisher does not commit an offence against 9
subsection (1), (2) or (3) merely by, as part of his or her business, printing 10
or publishing an advertisement for another person. 11
to appear in advertisements 12
Information
151.(1) A person must not advertise a professional service, or a business 13
providing professional services, unless-- 14
(a) if a registrant provides the service, or carries on the business, 15
under a business name that is the registrant's own name--the 16
registrant's name is stated in the advertisement; or 17
(b) otherwise--the business name notified to the board under 18
section 148(1), (3) or (4) is stated in the advertisement. 19
Maximum penalty--50 penalty units. 20
(2) A printer or publisher does not commit an offence against 21
subsection (1) merely by, as part of his or her business, printing or 22
publishing an advertisement for another person. 23
4--Registrants' autonomy 24
Division
abetting etc. conduct that is a ground for disciplinary action 25
Aiding,
152.(1) A person must not aid, abet, counsel, procure or induce a 26
registrant to engage in conduct that the person is aware, or ought reasonably 27
be aware, is conduct forming the basis for a ground for disciplinary action 28
against a registrant mentioned in the Health Practitioners (Professional 29
s 153 95 s 153
Dental Practitioners Registration
Standards) Act 1999, section 124(1).39 1
Maximum penalty--1 000 penalty units. 2
(2) To remove doubt, it is declared that a registrant may be induced by 3
threats or promises. 4
5--Court orders and injunctions 5
Division
may be prohibited from supplying health services etc. 6
Persons
153.(1) This section applies if a person is convicted of an offence against 7
section 140, 141, 143, 144, 150(1)(a), (2) or (3), 152(1) or 156.40 8
(2) The court sentencing the person for the offence may, on its own 9
initiative or the application of the prosecutor, make an order under 10
subsection (3) or (5). 11
(3) The court may make an order, applying for a period decided by the 12
court-- 13
(a) prohibiting the person from providing, or carrying on or 14
managing a business providing, a health service; or 15
(b) prohibiting the person from having a financial interest in a 16
business providing a health service; or 17
(c) if the person is a corporation, prohibiting an executive officer of 18
the corporation, who was in a position to influence the conduct of 19
the corporation in relation to the offence, from managing a 20
corporation that carries on a business providing a health service. 21
(4) For subsection (3)(c), a person manages a corporation if the person is 22
a director, or is in any way concerned in or takes part in the management of, 23
the corporation. 24
39 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for
disciplinary action)
40 Section 140 (Taking of restricted titles etc.), 141 (Taking of restricted specialist
title etc.), 143 (Claims by persons as to registration), 144 (Claims by persons as
to other persons' registration), 150 (Obligations of advertisers), 152 (Aiding,
abetting etc. conduct that is a ground for disciplinary action) or 156 (Offence for
taking reprisal)
s 154 96 s 154
Dental Practitioners Registration
(5) Also, the court may make an order, applying for a period decided by 1
the court-- 2
(a) prohibiting the person from entering into commercial 3
arrangements with a person who provides, carries on or manages 4
a business providing, a health service; or 5
(b) if the person is a corporation, prohibiting an executive officer of 6
the corporation, who was in a position to influence the conduct of 7
the corporation in relation to the offence, from entering into 8
commercial arrangements with a person who provides, carries on 9
or manages a business providing, a health service. 10
(6) An order under subsection (3) or (5) may apply generally or be 11
limited in its application by reference to specified conditions, exceptions or 12
factors. 13
(7) A reference in subsection (5) to a person entering into commercial 14
arrangements includes the entering into commercial arrangements on behalf 15
of another person. 16
(8) A person must not contravene an order under subsection (3) or (5). 17
Maximum penalty for subsection (8)--1 000 penalty units. 18
njunctions 19
I
154.(1) This section applies if-- 20
(a) a person (the "offending party")-- 21
(i) has engaged, is engaging or is proposing to engage in 22
conduct; or 23
(ii) has failed, is failing or is proposing to fail to do anything; 24
and 25
(b) the conduct or failure constituted, constitutes or would constitute a 26
contravention of section 140, 141, 143, 144, 150(1)(a), (2) or (3) 27
or 152(1). 28
(2) Application may be made to the court under this section for an 29
injunction in relation to the conduct or failure. 30
(3) The application may be made by the board or a person authorised in 31
writing by the board. 32
s 154 97 s 154
Dental Practitioners Registration
(4) The court may grant an interim injunction under this section until the 1
application is finally decided. 2
(5) On considering the application for the injunction, the court may-- 3
(a) in a case to which subsection (1)(a)(i) applies--grant an 4
injunction restraining the offending party from engaging in the 5
conduct concerned and, if in the court's opinion it is desirable to 6
do so, requiring the offending party to do anything; or 7
(b) in a case to which subsection (1)(a)(ii) applies--grant an 8
injunction requiring the offending party to do the thing concerned. 9
(6) The court may grant the injunction-- 10
(a) if the court is satisfied that the offending party has engaged in the 11
conduct, or failed to do the thing, mentioned in subsection (1), 12
whether or not it appears to the court that the offending party 13
intends-- 14
(i) to engage again, or continue to engage, in the conduct; or 15
(ii) to again fail, or continue to fail, to do the thing; or 16
(b) if it appears to the court that, if the injunction is not granted, it is 17
likely that the offending party will engage in the conduct, or fail to 18
do the thing, mentioned in subsection (1), whether or not the 19
offending party has previously engaged in the conduct or failed to 20
do the thing. 21
(7) The court may grant the injunction on the terms the court considers 22
appropriate. 23
(8) Also, the court may grant an injunction requiring the offending party 24
to take stated action (including action to disclose information or publish 25
advertisements) to remedy any adverse effects of the offending party's 26
conduct or failure. 27
(9) The court may discharge an injunction granted under this section at 28
any time. 29
(10) The powers conferred on the court by this section are in addition to, 30
and do not limit, any other powers of the court. 31
(11) In this section-- 32
"court" means-- 33
s 155 98 s 156
Dental Practitioners Registration
(a) if proceedings for an offence relating to the conduct or failure are 1
pending in a Magistrates Court--the Magistrates Court; or 2
(b) in any case--the District Court. 3
Division 6--Reprisals 4
and grounds for reprisals 5
Reprisal
155.(1) A person must not cause, or attempt or conspire to cause, 6
detriment to another person because, or in the belief that-- 7
(a) anybody has given, or may give, information or assistance to the 8
board or an inspector about a person's alleged contravention of 9
division 1 or section 150(1)(a), (2) or (3) or 152(1);41 or 10
(b) anybody has given, or may give, evidence to the court in 11
proceedings for an offence against division 1 or section 150(1)(a), 12
(2) or (3) or 152(1). 13
(2) An attempt to cause detriment includes an attempt to induce a person 14
to cause detriment. 15
(3) A contravention of subsection (1) is a reprisal or the taking of a 16
reprisal. 17
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 18
the unlawful ground for the reprisal. 19
(5) For the contravention mentioned in subsection (3) to happen, it is 20
sufficient if the unlawful ground is a substantial ground for the act or 21
omission that is the reprisal, even if there is another ground for the act or 22
omission. 23
for taking reprisal 24
Offence
156. A person who takes a reprisal commits an offence. 25
Maximum penalty--167 penalty units or 2 years imprisonment. 26
41 Division 1 (Restricted titles and holding out), section 150 (Obligations of
advertisers) or 152 (Aiding, abetting etc. conduct that is a ground for disciplinary
action)
s 157 99 s 158
Dental Practitioners Registration
entitlement for reprisal 1
Damages
157.(1) A reprisal is a tort and a person who takes a reprisal is liable in 2
damages to any person who suffers detriment as a result. 3
(2) Any appropriate remedy that may be granted by a court for a tort may 4
be granted by a court for the taking of a reprisal. 5
(3) If the claim for damages goes to trial in the Supreme Court or the 6
District Court, it must be decided by a judge sitting without a jury. 7
7--Other provisions 8
Division
or acceptance of payment, for referrals prohibited 9
Payment,
158.(1) This section applies to a registrant, or a person carrying on a 10
business providing professional services, (the "service provider"). 11
(2) The service provider must not, directly or indirectly, pay an amount 12
or give another benefit, or attempt to pay an amount or give another benefit, 13
to a person in return for the person referring another person to the service 14
provider or service provider's business. 15
Maximum penalty--200 penalty units. 16
(3) The service provider must not, directly or indirectly, accept payment 17
or another benefit for referring a user of the professional services provided 18
by the service provider, or service provider's business, to a person 19
providing, or carrying on a business providing, a health service. 20
Maximum penalty for subsection (3)--200 penalty units. 21
s 159 100 s 163
Dental Practitioners Registration
PART 5--INVESTIGATION AND ENFORCEMENT 1
Division 1--Inspectors 2
of inspectors 3
Functions
159. An inspector has the function of conducting investigations and 4
inspections to enforce compliance with this Act. 5
of inspectors 6
Powers
160. For this Act, an inspector has the powers given to the person under 7
this Act. 8
on powers of inspectors 9
Limitation
161. The powers of an inspector may be limited under a condition of 10
appointment. 11
2--Appointment of inspectors and other matters 12
Division
ppointments 13
A
162. The board may appoint the following persons as an inspector-- 14
(a) a member; 15
(b) the executive officer; 16
(c) if the executive officer has agreed to the appointment, a member 17
of the office's staff the board considers has the necessary 18
expertise or experience to be an inspector; 19
(d) another person the board considers has the necessary expertise or 20
experience to be an inspector. 21
conditions 22
Appointment
163.(1) An inspector holds office on the conditions stated in the 23
s 164 101 s 165
Dental Practitioners Registration
instrument of appointment. 1
(2) An inspector ceases holding office-- 2
(a) if the appointment provides for a term of appointment--at the end 3
of the term; or 4
(b) if the conditions of appointment provide--on ceasing to hold 5
another office (the "main office") stated in the appointment 6
conditions. 7
(3) An inspector may resign by signed notice of resignation given to the 8
board. 9
(4) However, an inspector may not resign from the office of inspector 10
(the "secondary office") if a condition of the inspector's employment to the 11
main office requires the inspector to hold the secondary office. 12
cards 13
Identity
164.(1) The board must give an identity card to each inspector. 14
(2) The identity card must-- 15
(a) contain a recent photograph of the inspector; and 16
(b) be signed by the inspector; and 17
(c) identify the person as an inspector for this Act; and 18
(d) include an expiry date for the card. 19
(3) This section does not prevent the issue of a single identity card to a 20
person for this Act and other Acts. 21
to return identity card 22
Failure
165. A person who ceases to be an inspector must return the person's 23
identity card to the chairperson within 7 days after the person ceases to be an 24
inspector, unless the person has a reasonable excuse. 25
Maximum penalty--10 penalty units. 26
s 166 102 s 167
Dental Practitioners Registration
or display of inspector's identity card 1
Production
166.(1) An inspector may exercise a power in relation to someone else 2
(the "other person") only if the inspector-- 3
(a) first produces the inspector's identity card for the other person's 4
inspection; or 5
(b) has the identity card displayed so it is clearly visible to the other 6
person. 7
(2) However, if for any reason it is not practicable to comply with 8
subsection (1) before exercising the power, the inspector must produce the 9
identity card for the other person's inspection at the first reasonable 10
opportunity. 11
3--Powers of inspectors 12
Division
1--Entry of places 13
Subdivision
to enter places 14
Power
167.(1) An inspector may enter a place if-- 15
(a) its occupier consents to the entry; or 16
(b) it is a public place and the entry is made when the place is open to 17
the public; or 18
(c) the entry is authorised by a warrant. 19
(2) For the purpose of asking the occupier of a place for consent to enter, 20
an inspector may, without the occupier's consent or a warrant-- 21
(a) enter land around premises at the place to an extent that is 22
reasonable to contact the occupier; or 23
(b) enter part of the place the inspector reasonably considers 24
members of the public ordinarily are allowed to enter when they 25
wish to contact the occupier. 26
s 168 103 s 168
Dental Practitioners Registration
2--Procedure for entry 1
Subdivision
with consent 2
Entry
168.(1) This section applies if an inspector intends to ask an occupier of a 3
place to consent to the inspector or another inspector entering the place 4
under section 167(1)(a). 5
(2) Before asking for the consent, the inspector must tell the occupier-- 6
(a) the purpose of the entry; and 7
(b) that the occupier is not required to consent. 8
(3) If the consent is given, the inspector may ask the occupier to sign an 9
acknowledgment of the consent. 10
(4) The acknowledgment must state-- 11
(a) the occupier has been told-- 12
(i) the purpose of the entry; and 13
(ii) that the occupier is not required to consent; and 14
(b) the purpose of the entry; and 15
(c) the occupier gives the inspector consent to enter the place and 16
exercise powers under this part; and 17
(d) the time and date the consent was given. 18
(5) If the occupier signs the acknowledgment, the inspector must 19
immediately give a copy to the occupier. 20
(6) A court must find the occupier of a place did not consent to an 21
inspector entering the place under this part if-- 22
(a) an issue arises in a proceeding before the court whether the 23
occupier of the place consented to the entry under 24
section 167(1)(a); and 25
(b) an acknowledgment mentioned in subsection (4) is not produced 26
in evidence for the entry; and 27
(c) it is not proved by the person relying on the lawfulness of the 28
entry that the occupier consented to the entry. 29
s 169 104 s 171
Dental Practitioners Registration
for warrant 1
Application
169.(1) An inspector may apply to a magistrate for a warrant for a place. 2
(2) The application must be sworn and state the grounds on which the 3
warrant is sought. 4
(3) The magistrate may refuse to consider the application until the 5
inspector gives the magistrate all the information the magistrate requires 6
about the application in the way the magistrate requires. 7
8
Example--
9
The magistrate may require additional information supporting the application to be
10
given by statutory declaration.
of warrant 11
Issue
170.(1) The magistrate may issue a warrant only if the magistrate is 12
satisfied there are reasonable grounds for suspecting-- 13
(a) there is a particular thing or activity (the "evidence") that may 14
provide evidence of an offence against this Act; and 15
(b) the evidence is at the place, or may be at the place within the next 16
7 days. 17
(2) The warrant must state-- 18
(a) that a stated inspector may, with necessary and reasonable help 19
and force-- 20
(i) enter the place and any other place necessary for entry; and 21
(ii) exercise the inspector's powers under this part; and 22
(b) the offence for which the warrant is sought; and 23
(c) the evidence that may be seized under the warrant; and 24
(d) the hours of the day or night when the place may be entered; and 25
(e) the date, within 14 days after the warrant's issue, the warrant 26
ends. 27
warrants 28
Special
171.(1) An inspector may apply for a warrant (a "special warrant") by 29
s 171 105 s 171
Dental Practitioners Registration
phone, fax, radio or another form of communication if the inspector 1
considers it necessary because of-- 2
(a) urgent circumstances; or 3
(b) other special circumstances, including, for example, the 4
inspector's remote location. 5
(2) Before applying for the special warrant, the inspector must prepare an 6
application stating the grounds on which the warrant is sought. 7
(3) The inspector may apply for the special warrant before the application 8
is sworn. 9
(4) After issuing the special warrant, the magistrate must immediately 10
fax a copy (the "facsimile warrant") to the inspector if it is reasonably 11
practicable to fax the copy. 12
(5) If it is not reasonably practicable to fax a copy to the inspector-- 13
(a) the magistrate must tell the inspector-- 14
(i) what the terms of the special warrant are; and 15
(ii) the date and time the special warrant was issued; and 16
(b) the inspector must complete a form of warrant (a "warrant 17
form") and write on it-- 18
(i) the magistrate's name; and 19
(ii) the date and time the magistrate issued the special warrant; 20
and 21
(iii) the terms of the special warrant. 22
(6) The facsimile warrant, or the warrant form properly completed by the 23
inspector, authorises the entry and the exercise of the other powers stated in 24
the special warrant issued. 25
(7) The inspector must, at the first reasonable opportunity, send to the 26
magistrate-- 27
(a) the sworn application; and 28
(b) if the inspector completed a warrant form, the completed warrant 29
form. 30
(8) On receiving the documents, the magistrate must attach them to the 31
s 172 106 s 172
Dental Practitioners Registration
special warrant. 1
(9) A court must find the exercise of the power by an inspector was not 2
authorised by a special warrant if-- 3
(a) an issue arises in a proceeding before the court whether the 4
exercise of the power was authorised by a special warrant 5
mentioned in subsection (1); and 6
(b) the special warrant is not produced in evidence; and 7
(c) it is not proved by the person relying on the lawfulness of the 8
entry that the inspector obtained the special warrant. 9
before entry 10
Warrants--procedure
172.(1) This section applies if an inspector named in a warrant issued 11
under this part for a place is intending to enter the place under the warrant. 12
(2) Before entering the place, the inspector must do or make a reasonable 13
attempt to do the following things-- 14
(a) identify himself or herself to a person present at the place who is 15
an occupier of the place by producing a copy of the inspector's 16
identity card or other document evidencing the inspector's 17
appointment; 18
(b) give the person a copy of the warrant or, if the entry is authorised 19
by a facsimile warrant or warrant form mentioned in 20
section 171(6), a copy of the facsimile warrant or warrant form; 21
(c) tell the person the inspector is permitted by the warrant to enter 22
the place; 23
(d) give the person an opportunity to allow the inspector immediate 24
entry to the place without using force. 25
(3) However, the inspector need not comply with subsection (2) if the 26
inspector believes on reasonable grounds that immediate entry to the place is 27
required to ensure the effective execution of the warrant is not frustrated. 28
s 173 107 s 174
Dental Practitioners Registration
Subdivision 3--Powers after entry 1
powers after entering places 2
General
173.(1) This section applies to an inspector who enters a place. 3
(2) However, if an inspector enters a place to get the occupier's consent 4
to enter premises, this section applies to the inspector only if the consent is 5
given or the entry is otherwise authorised. 6
(3) For enforcing compliance with this Act, the inspector may-- 7
(a) search any part of the place; or 8
(b) inspect, measure, test, photograph or film any part of the place or 9
anything at the place; or 10
(c) take a thing, or a sample of or from a thing, for analysis or 11
testing; or 12
(d) take an extract from, or copy, a document at the place; or 13
(e) take into or onto the place any person, equipment and materials 14
the inspector reasonably requires for exercising a power under 15
this part; or 16
(f) require the occupier of the place, or a person at the place, to give 17
the inspector reasonable help to exercise the inspector's powers 18
under paragraphs (a) to (e); or 19
(g) require the occupier of the place, or a person at the place, to give 20
the inspector information to help the inspector ascertain whether 21
this Act is being complied with. 22
(4) When making a requirement mentioned in subsection (3)(f) or (g), 23
the inspector must warn the person it is an offence to fail to comply with the 24
requirement, unless the person has a reasonable excuse. 25
to help inspector 26
Failure
174.(1) A person required to give reasonable help under section 173(3)(f) 27
must comply with the requirement, unless the person has a reasonable 28
excuse. 29
Maximum penalty--50 penalty units. 30
s 175 108 s 177
Dental Practitioners Registration
(2) If an individual is required under section 173(3)(f) to give 1
information, or produce a document, it is a reasonable excuse for the 2
individual not to comply with the requirement that complying with the 3
requirement might tend to incriminate the individual. 4
to give information 5
Failure
175.(1) A person of whom a requirement is made under 6
section 173(3)(g) must comply with the requirement, unless the person has 7
a reasonable excuse. 8
Maximum penalty--50 penalty units. 9
(2) It is a reasonable excuse for an individual not to comply with the 10
requirement that complying with the requirement might tend to incriminate 11
the individual. 12
4--Power to seize evidence 13
Subdivision
evidence at a place that may be entered without consent or 14
Seizing
warrant 15
176. An inspector who enters a place that may be entered under this 16
division without the consent of the occupier and without a warrant, may 17
seize a thing at the place if the inspector reasonably believes the thing is 18
evidence of an offence against this Act. 19
evidence at a place that may only be entered with consent or 20
Seizing
warrant 21
177.(1) This section applies if-- 22
(a) an inspector is authorised to enter a place under this division only 23
with the consent of the occupier of the place or a warrant; and 24
(b) the inspector enters the place after obtaining the necessary consent 25
or warrant. 26
(2) If the inspector enters the place with the occupier's consent, the 27
inspector may seize a thing at the place if-- 28
s 178 109 s 179
Dental Practitioners Registration
(a) the inspector reasonably believes the thing is evidence of an 1
offence against this Act; and 2
(b) seizure of the thing is consistent with the purpose of entry as told 3
to the occupier when asking for the occupier's consent. 4
(3) If the inspector enters the place with a warrant, the inspector may 5
seize the evidence for which the warrant was issued. 6
(4) The inspector also may seize anything else at the place if the inspector 7
reasonably believes-- 8
(a) the thing is evidence of an offence against this Act; and 9
(b) the seizure is necessary to prevent the thing being-- 10
(i) hidden, lost or destroyed; or 11
(ii) used to continue, or repeat, the offence. 12
(5) Also, the inspector may seize a thing at the place if the inspector 13
reasonably believes it has just been used in committing an offence against 14
this Act. 15
seized things 16
Securing
178. Having seized a thing, an inspector may-- 17
(a) move the thing from the place where it was seized (the "place of 18
seizure"); or 19
(b) leave the thing at the place of seizure but take reasonable action to 20
restrict access to it. 21
22
Examples of restricting access to a thing--
23
1. Sealing a thing and marking it to show access to it is restricted.
24
2. Sealing the entrance to a room where the seized thing is situated
25
and marking the entrance to show access to the room is restricted.
with seized things 26
Tampering
179. If an inspector restricts access to a seized thing, a person must not 27
tamper, or attempt to tamper, with the thing, or something restricting access 28
s 180 110 s 181
Dental Practitioners Registration
to the thing, without an inspector's approval. 1
Maximum penalty--100 penalty units. 2
to support seizure 3
Powers
180.(1) To enable a thing to be seized, an inspector may require the 4
person in control of it-- 5
(a) to take it to a stated reasonable place by a stated reasonable time; 6
and 7
(b) if necessary, to remain in control of it at the stated place for a 8
reasonable time. 9
(2) The requirement-- 10
(a) must be made by notice in the approved form; or 11
(b) if for any reason it is not practicable to give the notice, may be 12
made orally and confirmed by notice in the approved form as 13
soon as practicable. 14
(3) A further requirement may be made under this section about the same 15
thing if it is necessary and reasonable to make the further requirement. 16
(4) A person of whom a requirement is made under subsection (1) or (3) 17
must comply with the requirement, unless the person has a reasonable 18
excuse. 19
Maximum penalty for subsection (4)--50 penalty units. 20
for seized things 21
Receipts
181.(1) As soon as practicable after an inspector seizes a thing, the 22
inspector must give a receipt for it to the person from whom it was seized. 23
(2) However, if for any reason it is not practicable to comply with 24
subsection (1), the inspector must leave the receipt at the place of seizure in 25
a conspicuous position and in a reasonably secure way. 26
(3) The receipt must describe generally each thing seized and its 27
condition. 28
(4) This section does not apply to a thing if it is impracticable or would 29
s 182 111 s 182
Dental Practitioners Registration
be unreasonable to give the receipt, given the thing's nature, condition and 1
value. 2
of seized things 3
Forfeiture
182.(1) A seized thing is forfeited to the State if the inspector who seized 4
the thing-- 5
(a) can not find its owner, after making reasonable inquiries; or 6
(b) can not return it to its owner, after making reasonable efforts; or 7
(c) reasonably believes it is necessary to retain the thing to prevent it 8
being used to commit an offence against this Act. 9
(2) In applying subsection (1)-- 10
(a) subsection (1)(a) does not require the inspector to make inquiries 11
if it would be unreasonable to make inquiries to find the owner; 12
and 13
(b) subsection (1)(b) does not require the inspector to make efforts if 14
it would be unreasonable to make efforts to return the thing to its 15
owner. 16
(3) If the inspector makes a decision under subsection (1)(c), resulting in 17
the seized thing being forfeited to the State, the inspector must immediately 18
give the owner an information notice for the decision. 19
(4) Subsection (3) does not apply if-- 20
(a) the inspector can not find the owner, after making reasonable 21
inquiries; or 22
(b) it is impracticable or would be unreasonable to give the 23
information notice. 24
(5) Regard must be had to a thing's nature, condition and value-- 25
(a) in deciding-- 26
(i) whether it is reasonable to make inquiries or efforts; and 27
(ii) if making inquiries or efforts, what inquiries or efforts, 28
including the period over which they are made, are 29
reasonable; or 30
s 183 112 s 185
Dental Practitioners Registration
(b) in deciding whether it would be unreasonable to give the 1
information notice. 2
on conviction 3
Forfeiture
183.(1) On the conviction of a person for an offence against this Act, the 4
court may order the forfeiture to the State of-- 5
(a) anything used to commit the offence; or 6
(b) anything else the subject of the offence. 7
(2) The court may make the order-- 8
(a) whether or not the thing has been seized; and 9
(b) if the thing has been seized, whether or not the thing has been 10
returned to its owner. 11
(3) The court may make any order to enforce the forfeiture it considers 12
appropriate. 13
(4) This section does not limit the court's powers under the Penalties and 14
Sentences Act 1992 or another law. 15
with forfeited things etc. 16
Dealing
184.(1) On the forfeiture of a thing to the State, the thing becomes the 17
State's property and may be dealt with by the executive officer as the 18
executive officer considers appropriate. 19
(2) Without limiting subsection (1), the executive officer may destroy or 20
dispose of the thing. 21
(3) Despite subsection (1), the executive officer must not deal with the 22
thing in a way that could prejudice the outcome of-- 23
(a) an appeal started under section 199(3); or 24
(b) another appeal, relevant to the thing, of which the executive officer 25
is aware. 26
of seized things 27
Return
185.(1) If a seized thing has not been forfeited, the inspector must return 28
s 186 113 s 187
Dental Practitioners Registration
it to its owner-- 1
(a) at the end of 6 months; or 2
(b) if a proceeding for an offence involving the thing is started within 3
6 months, at the end of the proceeding and any appeal from the 4
proceeding. 5
(2) Despite subsection (1), unless the thing has been forfeited, the 6
inspector must immediately return a thing seized as evidence to its owner if 7
the inspector stops being satisfied its continued retention as evidence is 8
necessary. 9
to seized things 10
Access
186.(1) Until a seized thing is forfeited or returned, an inspector must 11
allow its owner to inspect it and, if it is a document, to copy it. 12
(2) Subsection (1) does not apply if it is impracticable or would be 13
unreasonable to allow the inspection or copying. 14
Subdivision 5--Power to obtain information 15
to require name and address 16
Power
187.(1) This section applies if-- 17
(a) an inspector finds a person committing an offence against this 18
Act; or 19
(b) an inspector finds a person in circumstances that lead, or has 20
information that leads, the inspector to reasonably suspect the 21
person has just committed an offence against this Act. 22
(2) The inspector may require the person to state the person's name and 23
residential address. 24
(3) When making the requirement, the inspector must warn the person it 25
is an offence to fail to state the person's name or residential address, unless 26
the person has a reasonable excuse. 27
(4) The inspector may require the person to give evidence of the 28
correctness of the stated name or residential address if the inspector 29
s 188 114 s 190
Dental Practitioners Registration
reasonably suspects the stated name or address is false. 1
(5) A requirement under subsection (2) or (4) is called a "personal 2
details requirement". 3
to give name or address 4
Failure
188.(1) A person of whom a personal details requirement is made must 5
comply with the requirement, unless the person has a reasonable excuse. 6
Maximum penalty--50 penalty units. 7
(2) A person does not commit an offence against subsection (1) if-- 8
(a) the person was required to state the person's name and residential 9
address by an inspector who suspected the person had committed 10
an offence against this Act; and 11
(b) the person is not proved to have committed the offence. 12
to require production of documents 13
Power
189.(1) An inspector may require a person to make available for 14
inspection by an inspector, or produce to the inspector for inspection, at a 15
reasonable time and place nominated by the inspector a document issued to 16
the person under this Act. 17
(2) The inspector may keep the document to copy it. 18
(3) The inspector must return the document to the person as soon as 19
practicable after copying it. 20
(4) While the document is in the inspector's possession, the inspector 21
must allow it to be inspected or copied, at a reasonable time, by a person 22
who would be entitled to inspect or copy it were it not in the inspector's 23
possession. 24
(5) A requirement under subsection (1) is called a "document 25
production requirement". 26
to produce document 27
Failure
190.(1) A person of whom a document production requirement is made 28
must comply with the requirement, unless the person has a reasonable 29
s 191 115 s 192
Dental Practitioners Registration
excuse. 1
Maximum penalty--50 penalty units. 2
(2) It is not a reasonable excuse for an individual not to comply with a 3
document production requirement if complying with the requirement might 4
tend to incriminate the individual. 5
to require information 6
Power
191.(1) This section applies if an inspector reasonably believes-- 7
(a) an offence against this Act has been committed; and 8
(b) a person may be able to give information about the offence. 9
(2) The inspector may, by notice given to the person, require the person 10
to give information, including a document, about the offence to the inspector 11
at a stated reasonable time and place. 12
(3) The person must comply with a requirement under subsection (2), 13
unless the person has a reasonable excuse. 14
Maximum penalty--50 penalty units. 15
(4) For this section, it is a reasonable excuse for an individual to fail to 16
give information that giving the information might tend to incriminate the 17
individual. 18
4--General enforcement matters 19
Division
of damage 20
Notice
192.(1) This section applies if-- 21
(a) an inspector damages property when exercising or purporting to 22
exercise a power; or 23
(b) a person (the "other person") acting under the direction of an 24
inspector damages property. 25
(2) The inspector must immediately give notice of particulars of the 26
damage to the person who appears to the inspector to be the owner of the 27
property. 28
s 193 116 s 193
Dental Practitioners Registration
(3) If the inspector believes the damage was caused by a latent defect in 1
the property or circumstances beyond the inspector's or other person's 2
control, the inspector may state the belief in the notice. 3
(4) If, for any reason, it is impracticable to comply with subsection (2), 4
the inspector must leave the notice in a conspicuous position and in a 5
reasonably secure way where the damage happened. 6
(5) This section does not apply to damage the inspector reasonably 7
believes is trivial. 8
(6) In this section-- 9
"owner", of property, includes the person in possession or control of it. 10
11
Compensation
193.(1) A person may claim from the board the cost of repairing or 12
replacing property damaged because of the exercise or purported exercise of 13
a power under any of the following subdivisions of division 342-- 14
· subdivision 1 (Entry of places) 15
· subdivision 3 (Powers after entry) 16
· subdivision 4 (Power to seize evidence). 17
(2) Without limiting subsection (1), compensation may be claimed for 18
loss or expense incurred in complying with a requirement made of the 19
person under the subdivision. 20
(3) Compensation may be claimed and ordered to be paid in a 21
proceeding-- 22
(a) brought in a court with jurisdiction for the recovery of the amount 23
of compensation claimed; or 24
(b) for an offence against this Act brought against the person 25
claiming compensation. 26
(4) A court may order compensation to be paid only if it is satisfied it is 27
just to make the order in the circumstances of the particular case. 28
42 Division 3 (Powers of inspectors)
s 194 117 s 196
Dental Practitioners Registration
or misleading information 1
False
194. A person must not give information to an inspector the person 2
knows is false or misleading in a material particular. 3
Maximum penalty--50 penalty units. 4
or misleading documents 5
False
195.(1) A person must not give an inspector a document containing 6
information the person knows is false or misleading in a material particular. 7
Maximum penalty--50 penalty units. 8
(2) Subsection (1) does not apply to a person if the person, when giving 9
the document-- 10
(a) tells the inspector, to the best of the person's ability, how it is 11
false or misleading; and 12
(b) if the person has, or can reasonably obtain, the correct 13
information, gives the correct information. 14
inspectors 15
Obstructing
196.(1) A person must not obstruct an inspector in the exercise of a 16
power, unless the person has a reasonable excuse. 17
Maximum penalty--100 penalty units. 18
(2) If a person has obstructed an inspector and the inspector decides to 19
proceed with the exercise of the power, the inspector must warn the person 20
that-- 21
(a) it is an offence to obstruct the inspector, unless the person has a 22
reasonable excuse; and 23
(b) the inspector considers the person's conduct is an obstruction. 24
(3) In this section-- 25
"obstruct" includes hinder and attempt to obstruct or hinder. 26
s 197 118 s 199
Dental Practitioners Registration
of inspectors 1
Impersonation
197. A person must not pretend to be an inspector. 2
Maximum penalty--50 penalty units. 3
ART 6--APPEALS 4
P
may appeal 5
Who
198.(1) A person (the "appellant") who is given, or is entitled to be 6
given, an information notice for a decision (the "original decision") may 7
appeal against the decision to the District Court.43 8
(2) To help users of this Act, schedule 1 identifies the decisions for 9
which an information notice must be given under this Act. 10
appeals 11
Starting
199.(1) The appeal may be started at-- 12
(a) the District Court at the place where the person resides or carries 13
on business; or 14
(b) the District Court at Brisbane. 15
(2) Subsection (1) does not limit the District Court at which the appeal 16
may be started under the Uniform Civil Procedure Rules 1999. 17
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 18
must be filed with the registrar of the court within 28 days after-- 19
(a) if the appellant is given an information notice for the original 20
decision--the day the appellant is given the notice; or 21
(b) if paragraph (a) does not apply--the day the person otherwise 22
becomes aware of the original decision. 23
43 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 200 119 s 201
Dental Practitioners Registration
(4) The court may, at any time, extend the period for filing the notice of 1
appeal. 2
procedures 3
Hearing
200.(1) In deciding the appeal, the court-- 4
(a) has the same powers as the person who made the original 5
decision; and 6
(b) is not bound by the rules of evidence; and 7
(c) must comply with natural justice. 8
(2) The appeal is by way of rehearing, unaffected by the original decision, 9
on the material before the person who made the original decision and any 10
further evidence allowed by the court. 11
of court on appeal 12
Powers
201.(1) In deciding the appeal, the court may-- 13
(a) confirm the original decision; or 14
(b) amend the original decision; or 15
(c) substitute another decision for the original decision; or 16
(d) set aside the original decision and return the issue to the board 17
with the directions the court considers appropriate. 18
(2) In substituting another decision for the original decision, the court has 19
the same powers as the person who made the original decision. 20
21
Example--
22
The court may decide that an unsuccessful applicant for general registration be
23
registered either unconditionally or on particular conditions.
(3) If the court amends the original decision or substitutes another 24
decision for the original decision, the amended or substituted decision is, for 25
this Act (other than this part) taken to be the decision of the person who 26
made the original decision. 27
(4) If the court decides to impose conditions on a registration, the court 28
must-- 29
s 202 120 s 202
Dental Practitioners Registration
(a) state the reasons for the decision; and 1
(b) if the registration is a general registration or specialist registration, 2
decide and state the review period applying to the conditions.44 3
(5) If the court decides to impose conditions on a registration because of 4
the registrant's mental and physical health, it must also decide whether 5
details of the conditions must be recorded in the register for the period for 6
which the conditions are in force. 7
(6) The court must decide not to record details of the conditions 8
mentioned in subsection (5) in the register unless it reasonably believes it is 9
in the interests of users of the registrant's services or the public to know the 10
details. 11
of assessors 12
Appointment
202.(1) If the court is of the opinion that the appeal involves a question of 13
special knowledge and skill, the court may appoint 1 or more assessors who 14
in the court's opinion possess the special qualifications necessary for the 15
particular case to assist the court in its deciding the appeal. 16
(2) An assessor may advise the court on any matter, but all questions of 17
law and fact are to be decided by the court. 18
(3) The court may give the weight to the advice that it considers 19
appropriate. 20
44 The conditions may be reviewed, for general registration, under part 3
(Registration), division 7 (Reviewing conditions of general registrations) or, for
specialist registration, part 3, division 7, as applied by section 113(1)(e).
s 203 121 s 206
Dental Practitioners Registration
ART 7--LEGAL PROCEEDINGS 1
P
Division 1--Evidence 2
of division 3
Application
203. This division applies to a proceeding under this Act. 4
and authority 5
Appointments
204. It is not necessary to prove-- 6
(a) an inspector's, or member's, appointment; or 7
(b) the executive officer's appointment; or 8
(c) the authority of an inspector, a member, the executive officer or a 9
member of the office's staff to do anything under this Act. 10
11
Signatures
205. A signature purporting to be the signature of the Minister, the 12
chairperson, a member, an inspector, the executive officer or a member of 13
the office's staff is evidence of the signature it purports to be. 14
provisions 15
Evidentiary
206. A certificate purporting to be signed by the executive officer and 16
stating any of the following matters is evidence of the matter-- 17
(a) a stated document is one of the following things made, given, 18
issued or kept under this Act-- 19
(i) an appointment, approval or decision; 20
(ii) a notice, direction or requirement; 21
(iii) a certificate of registration; 22
(iv) a record, or an extract from a record; 23
(v) the register, or an extract from the register; 24
s 207 122 s 208
Dental Practitioners Registration
(b) a stated document is another document kept under this Act; 1
(c) a stated document is a copy of a thing mentioned in paragraph (a) 2
or (b); 3
(d) on a stated day, or during a stated period, a stated person was or 4
was not a registrant; 5
(e) on a stated day, or during a stated period, a registration-- 6
(i) was or was not in force; or 7
(ii) was or was not subject to a stated condition; 8
(f) on a stated day, a registration was cancelled; 9
(g) on a stated day, or during a stated period, an appointment as an 10
inspector was, or was not, in force for a stated person; 11
(h) on a stated day, a stated person was given a stated notice or 12
direction under this Act; 13
(i) on a stated day, a stated requirement was made of a stated person. 14
2--Proceedings 15
Division
and summary offences 16
Indictable
207.(1) An offence against section 15645 is an indictable offence. 17
(2) Any other offence against this Act is a summary offence. 18
for indictable offences 19
Proceedings
208.(1) A proceeding for an indictable offence against this Act may be 20
taken, at the election of the prosecution-- 21
(a) by way of summary proceeding under the Justices Act 1886; or 22
(b) on indictment. 23
(2) A magistrate must not hear an indictable offence summarily if-- 24
(a) the defendant asks at the start of the hearing that the charge be 25
45 Section 156 (Offence for taking reprisal)
s 209 123 s 210
Dental Practitioners Registration
prosecuted on indictment; or 1
(b) the magistrate considers the charge should be prosecuted on 2
indictment. 3
(3) If subsection (2) applies-- 4
(a) the magistrate must proceed by way of an examination of 5
witnesses for an indictable offence; and 6
(b) a plea of the person charged at the start of the proceeding must be 7
disregarded; and 8
(c) evidence brought in the proceeding before the magistrate decided 9
to act under subsection (2) is taken to be evidence in the 10
proceeding for the committal of the person for trial or sentence; 11
and 12
(d) before committing the person for trial or sentence, the magistrate 13
must make a statement to the person as required by the Justices 14
Act 1886, section 104(2)(b).46 15
on who may summarily hear indictable offence 16
Limitation
209.(1) The proceeding must be before a magistrate if it is a 17
proceeding-- 18
(a) for the summary conviction of a person on a charge for an 19
indictable offence; or 20
(b) for an examination of witnesses for a charge for an indictable 21
offence. 22
(2) However, if the proceeding is brought before a justice who is not a 23
magistrate, jurisdiction is limited to taking or making a procedural action or 24
order within the meaning of the Justices of the Peace and Commissioners 25
for Declarations Act 1991. 26
on time for starting summary proceedings 27
Limitation
210. A proceeding for a summary offence against this Act by way of 28
46 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 211 124 s 213
Dental Practitioners Registration
summary proceeding under the Justices Act 1886 must start-- 1
(a) within 1 year after the commission of the offence; or 2
(b) within 6 months after the offence comes to the complainant's 3
knowledge, but within 2 years after the commission of the 4
offence. 5
of false or misleading information or documents 6
Allegations
211. In any proceeding for an offence against this Act defined as 7
involving false or misleading information, or a false or misleading 8
document, it is enough for a charge to state that the information or 9
document was, without specifying which, `false or misleading'. 10
to be paid to board 11
Penalties
212. All penalties recovered as a result of proceedings for offences 12
against this Act brought by the board must be ordered to be paid to the 13
board. 14
for acts or omissions of representatives 15
Responsibility
213.(1) This section applies in a proceeding for an offence against this 16
Act. 17
(2) If it is relevant to prove a person's state of mind about a particular act 18
or omission, it is enough to show-- 19
(a) the act was done or omitted to be done by a representative of the 20
person within the scope of the representative's actual or apparent 21
authority; and 22
(b) the representative had the state of mind. 23
(3) An act done or omitted to be done for a person by a representative of 24
the person within the scope of the representative's actual or apparent 25
authority is taken to have been done or omitted to be done also by the 26
person, unless the person proves the person could not, by the exercise of 27
reasonable diligence, have prevented the act or omission. 28
(4) In this section-- 29
s 214 125 s 214
Dental Practitioners Registration
"representative" means-- 1
(a) for a corporation--an executive officer, employee or agent of the 2
corporation; or 3
(b) for an individual--an employee or agent of the individual. 4
"state of mind" of a person includes-- 5
(a) the person's knowledge, intention, opinion, belief or purpose; and 6
(b) the person's reasons for the intention, opinion, belief or purpose. 7
officers must ensure corporation complies with Act 8
Executive
214.(1) The executive officers of a corporation must ensure the 9
corporation complies with this Act. 10
(2) If a corporation commits an offence against a provision of this Act, 11
each of the corporation's executive officers also commits an offence, 12
namely, the offence of failing to ensure the corporation complies with the 13
provision. 14
Maximum penalty--the penalty for the contravention of the provision by an 15
individual. 16
(3) Evidence that the corporation has been convicted of an offence against 17
a provision of this Act is evidence that each of the executive officers 18
committed the offence of failing to ensure the corporation complies with the 19
provision. 20
(4) However, it is a defence for an executive officer to prove-- 21
(a) if the officer was in a position to influence the conduct of the 22
corporation in relation to the offence, the officer exercised 23
reasonable diligence to ensure the corporation complied with the 24
provision; or 25
(b) the officer was not in a position to influence the conduct of the 26
corporation in relation to the offence. 27
s 215 126 s 215
Dental Practitioners Registration
PART 8--REGISTER, RECORDS AND 1
INFORMATION 2
Division 1--Register 3
to be kept 4
Register
215.(1) The board must keep a register about registrants. 5
(2) The register may be kept in the way the board considers appropriate, 6
including, for example, in an electronic form. 7
(3) The register must contain the following details for each registrant-- 8
(a) the registrant's name; 9
(b) an address of the registrant notified by the registrant to the board; 10
(c) whether the registrant is a general registrant, provisional general 11
registrant, specialist registrant, provisional specialist registrant, 12
special purpose registrant or provisional special purpose 13
registrant; 14
(d) the qualification relied on by the registrant to obtain registration; 15
(e) if the registrant is a special purpose registrant or provisional 16
special purpose registrant-- 17
(i) details of the special activity for which the registrant is 18
registered; and 19
(ii) if the special activity involves the practice of a specialty, 20
details of the specialty; 21
(f) if the registrant is a specialist registrant or provisional specialist 22
registrant--the specialty in which the registrant is registered; 23
(g) whether the registrant has an approval or an authority under the 24
Health (Drugs and Poisons) Regulation 1996 to which a 25
condition applies and, if so, details of the condition; 26
(h) whether the registrant has an approval or authority under the 27
Health (Drugs and Poisons) Regulation 1996 that is currently 28
cancelled or suspended under that regulation; 29
s 216 127 s 217
Dental Practitioners Registration
(i) if conditions are imposed, under this Act, on the registrant's 1
registration-- 2
(i) for conditions imposed because of the registrant's mental 3
and physical health, the details of which it has been decided 4
under this Act not to record in the register--the fact that 5
conditions have been imposed; or 6
(ii) otherwise--details of the conditions; 7
(j) any other information required to be recorded in the register under 8
the Health Practitioners (Professional Standards) Act 1999; 9
(k) other details prescribed under a regulation. 10
(4) For subsection (3)(i), the fact or details must be recorded in the 11
register for the period the conditions are in force. 12
of register 13
Inspection
216.(1) The board must-- 14
(a) keep the register open for inspection, free of charge, at the office 15
by members of the public during ordinary office hours; and 16
(b) give a person a copy of the register, or a part of it, on payment of 17
the fee prescribed under a regulation. 18
(2) Subsection (1) does not apply to details of the residential address of a 19
registrant, unless the registrant gives notice to the board that he or she agrees 20
to the details being able to be inspected. 21
2--Records to be kept 22
Division
23
Records
217.(1) The board must keep records of the following details about each 24
registrant or former registrant-- 25
(a) if the registration was affected under the Health Practitioners 26
(Professional Standards) Act 1999, details of the way it was 27
affected and the reason for it being affected; 28
(b) if the registration was cancelled under this Act, the fact of, and the 29
s 218 128 s 218
Dental Practitioners Registration
reason for, the cancellation; 1
(c) if conditions were, under this Act, imposed on the registration, 2
details of the conditions and the reasons for their imposition; 3
(d) other details prescribed under a regulation. 4
(2) The records must be kept for at least 10 years. 5
Division 3--Information 6
of information 7
Confidentiality
218.(1) This section applies to a person (the "relevant person") who is 8
or was-- 9
(a) a member; or 10
(b) a member of a committee; or 11
(c) appointed by the board to conduct a health assessment of another 12
person; or 13
(d) an inspector; or 14
(e) the executive officer or a member of the office's staff; or 15
(f) otherwise involved in the administration of this Act. 16
(2) This section applies to information about a person obtained by the 17
relevant person in the course of performing the relevant person's functions 18
under this Act. 19
(3) The relevant person must not disclose the information to anyone else. 20
Maximum penalty--100 penalty units. 21
(4) However, the relevant person may disclose the information to 22
someone else-- 23
(a) to the extent necessary to perform the relevant person's functions 24
under or relating to this Act or the Health Practitioners 25
(Professional Standards) Act 1999; or 26
(b) if the disclosure is authorised under this or another Act; or 27
(c) if the disclosure is otherwise required or permitted by law; or 28
s 219 129 s 219
Dental Practitioners Registration
(d) if the person to whom the information relates agrees to the 1
disclosure; or 2
(e) if the disclosure is in a form that does not disclose the identity of a 3
person; or 4
(f) if the information is, or has been, accessible to the public, 5
including, for example, because it is or was recorded in the 6
register; or 7
(g) if the disclosure is to a foreign regulatory authority and the 8
disclosure is necessary for the authority to perform its functions; 9
or 10
(h) if the disclosure is to the Minister to allow the Minister to act 11
under paragraph (i); or 12
(i) if the Minister considers the disclosure is in the public interest and 13
authorises the relevant person to disclose the information. 14
(5) If the Minister authorises information to be disclosed under 15
subsection (4)(i) about a matter concerning a registrant, the Minister must 16
inform the board of the authorisation and its purpose. 17
(6) In this section-- 18
"information", about a person, means-- 19
(a) information about the person's health that identifies, or is likely to 20
identify, the person; or 21
(b) information about the person's criminal history obtained under a 22
request under section 45(3). 23
annual report must disclose authorisation 24
Board's
219.(1) This section applies if the board is given information, under 25
section 218(5), in a financial year about an authorisation. 26
(2) The board must include a statement about the authorisation in its 27
annual report under the Financial Administration and Audit Act 1977 for the 28
financial year. 29
(3) The statement must include general details about-- 30
(a) the nature of the information disclosed under the authorisation; 31
s 220 130 s 221
Dental Practitioners Registration
and 1
(b) the purpose for which the information was disclosed. 2
(4) However, the statement must not identify any person. 3
PART 9--MISCELLANEOUS 4
Division 1--Abandoned, and other, health records 5
for div 1 6
Definitions
220. In this division-- 7
"health records" means documents, recording the health history, condition 8
and treatment of users of the professional services provided by a 9
person, made in the course of the person's practice of the profession. 10
"possess", a health record, includes having the record under control in any 11
place, whether or not another person has custody of the record. 12
may take possession of abandoned health records 13
Board
221.(1) This section applies if the board suspects on reasonable grounds 14
that health records have been abandoned. 15
(2) The board may take and keep possession of the records to be dealt 16
with under this division. 17
(3) For taking possession of the records, the board may give notice to the 18
occupier of the place where the records are situated to deliver the records to 19
the board to be dealt with under this division. 20
(4) The notice must state that the requirement must be complied with 21
within a period of 14 days after the occupier receives the notice. 22
(5) The occupier must comply with the requirement within the stated 23
period, unless the occupier has a reasonable excuse. 24
Maximum penalty for subsection (5)--50 penalty units. 25
s 222 131 s 224
Dental Practitioners Registration
records forming part of deceased estate 1
Health
222.(1) This section applies if health records form part of a deceased 2
estate. 3
(2) The personal representative of the deceased person concerned may 4
deliver the records into the possession of the board to be dealt with under 5
this division. 6
records of persons convicted of an offence against s 140(1) or 7
Health
(6), 141(1) or 143 8
223.(1) This section applies to a person who is convicted of an offence 9
against section 140(1) or (6), 141(1) or 143.47 10
(2) The board may give the person notice to deliver health records in the 11
possession or control of the person into the possession of the board to be 12
dealt with under this division. 13
(3) The person must within 14 days after receiving the notice deliver the 14
records into the possession of the board. 15
Maximum penalty--50 penalty units. 16
(4) If the person does not comply with the notice, the board may take and 17
keep possession of the records. 18
with certain health records seized under s 176 or 177 19
Dealing
224.(1) This section applies if, under section 176 or 177,48 an inspector 20
seizes health records that the board may take and keep possession of under 21
section 221 or 223. 22
(2) The inspector must deliver the health records into the possession of 23
the board to be dealt with under this division. 24
47 Section 140 (Taking of restricted titles etc.), 141 (Taking of restricted specialist
title etc.) or 143 (Claims by persons as to registration)
48 Section 176 (Seizing evidence at a place that may be entered without consent or
warrant) or 177 (Seizing evidence at a place that may only be entered with
consent or warrant)
s 225 132 s 227
Dental Practitioners Registration
(3) Sections 182, 185 and 18649 do not apply to health records delivered 1
to the board under subsection (2). 2
board may deal with health records 3
How
225.(1) This section applies if the board takes possession of a health 4
record under this division. 5
(2) The board may-- 6
(a) give the record to the person to whom the record relates; or 7
(b) if directed by the person, give the record to a registrant under a 8
health practitioner registration Act chosen by the person; or 9
(c) if the board can not find the person after making reasonable 10
inquiries, keep the record; or 11
(d) if the board can not find the person, after making reasonable 12
inquiries, and decides it is no longer necessary to keep the record, 13
destroy the record. 14
(3) To remove doubt, it is declared that the board is taken to be keeping a 15
health record if another body stores the record on its behalf. 16
of health records 17
Destruction
226.(1) This section applies if the board destroys a health record under 18
section 225(2)(d). 19
(2) Compensation is not recoverable against the board because of the 20
destruction of the record. 21
2--Continuing professional education of registrants 22
Division
professional education programs 23
Continuing
227.(1) The board may develop or recognise a program for the 24
continuing professional education of registrants. 25
49 Sections 182 (Forfeiture of seized things), 185 (Return of seized things) and
186 (Access to seized things)
s 228 133 s 228
Dental Practitioners Registration
(2) The board must give notice to all registrants, to whom the program is 1
relevant, of details of the program. 2
(3) The program may state the minimum continuing professional 3
education requirements a registrant needs to satisfy, in a stated period, to 4
keep up-to-date with developments in the practice of the profession. 5
(4) A registrant who has satisfied the requirements in the stated period 6
may advertise this fact. 7
(5) A registrant who has not satisfied the requirements in the stated 8
period must not advertise that the registrant has satisfied the requirements. 9
Maximum penalty for subsection (5)--50 penalty units. 10
3--Declared events 11
Division
for div 3 12
Definitions
228. In this division-- 13
"declaration period" see section 229(3). 14
"declared event" means an event declared to be a declared event under 15
section 229(1). 16
"interstate law" means a law of another State that provides for the same 17
matter as this Act. 18
"local practitioner" means a person registered under this Act. 19
"participant" means a person who is officially participating in, or 20
preparing for, a declared event. 21
"prepare" includes the following-- 22
(a) train; 23
(b) practise; 24
(c) rehearse; 25
(d) acclimatise. 26
"visiting practitioner" , in relation to a declared event, means a person 27
who-- 28
s 229 134 s 230
Dental Practitioners Registration
(a) is not a local practitioner; and 1
(b) is registered under an interstate law; and 2
(c) is appointed, employed, contracted or otherwise engaged to 3
provide professional services to a participant in relation to the 4
event. 5
of events 6
Declaration
229.(1) The Minister may, by notice, declare a sporting, cultural or other 7
event to be a declared event for this Act. 8
(2) The notice must be for an event taking place, or to take place, in the 9
State that will or is likely to attract a significant number of participants. 10
(3) The notice must state a period during which the declaration is to 11
remain in force (the "declaration period"). 12
(4) The declaration period for the declared event may include a period 13
before or after the declared event takes place. 14
(5) The notice is subordinate legislation. 15
general or specialist registration of visiting practitioners 16
Deemed
230.(1) This section applies to a visiting practitioner in relation to a 17
declared event. 18
(2) Subject to subsections (4) and (5), during the declaration period for 19
the event, the practitioner is taken to be the following kind of registrant in 20
relation to the provision of professional services to a participant in the 21
event-- 22
(a) if the practitioner's registration under an interstate law is 23
equivalent to general registration under this Act--a general 24
registrant; 25
(b) if the practitioner's registration under an interstate law is 26
equivalent to specialist registration under this Act in a specialty--a 27
specialist registrant in the specialty. 28
(3) The practitioner's deemed general or specialist registration under 29
subsection (2) is taken to be subject to any conditions of the practitioner's 30
s 231 135 s 231
Dental Practitioners Registration
relevant registration under an interstate law. 1
(4) Part 3, divisions 4 to 8 and 1050 do not apply to the practitioner while 2
the practitioner is taken, under subsection (2), to be a general or specialist 3
registrant. 4
(5) The practitioner is not taken to be a registrant for the operation of 5
sections 37(1)(b) and 215.51 6
4--Other provisions 7
Division
officials from liability 8
Protecting
231.(1) An official is not civilly liable for an act done, or omission made, 9
honestly and without negligence under this Act. 10
(2) If subsection (1) prevents a civil liability attaching to an official, the 11
liability attaches instead to the board. 12
(3) In this section-- 13
"official" means-- 14
(a) a member; or 15
(b) a committee member who is not a board member; or 16
(c) the executive officer; or 17
(d) a person appointed by the board to conduct a health assessment of 18
another person; or 19
(e) an inspector; or 20
(f) a person acting under the direction or authority of an inspector. 21
50 Part 3 (Registration), divisions 4 (Renewal of general registrations),
5 (Restoration of general registrations), 6 (Cancellation of general registrations),
7 (Reviewing conditions of general registrations), 8 (Specialist registration) and
10 (General provisions about registrations)
51 Sections 37 (Matters to be included in annual report) and 215 (Register to be
kept)
s 232 136 s 235
Dental Practitioners Registration
or misleading information or documents 1
False
232.(1) A person must not give information to the board the person 2
knows is false or misleading in a material particular. 3
Maximum penalty--50 penalty units. 4
(2) A person must not give the board a document containing information 5
the person knows is false or misleading in a material particular. 6
Maximum penalty--50 penalty units. 7
(3) Subsection (2) does not apply to a person if the person, when giving 8
the document-- 9
(a) tells the board, to the best of the person's ability, how it is false or 10
misleading; and 11
(b) if the person has, or can reasonably obtain, the correct 12
information, gives the correct information. 13
etc. not to be false or misleading 14
Certificates
233. A registrant must not, in the registrant's professional capacity, sign 15
or give to another person, a certificate, notice, report or other document the 16
registrant knows is false or misleading in a material particular. 17
Maximum penalty--50 penalty units. 18
of provisions 19
Application
234.(1) This section applies if a provision of this Act applies another 20
provision of this Act for a purpose. 21
(2) The other provision, and any definition relevant to the other provision, 22
apply with any necessary changes. 23
(3) Subsection (2) is not limited merely because a provision states how 24
the other provision is to apply. 25
of forms 26
Approval
235. The board may approve forms for use under this Act. 27
s 236 137 s 238
Dental Practitioners Registration
fees 1
Examination
236. A person who sits an examination set and administered by the board 2
under this Act must, before sitting the examination, pay the board the fee for 3
the examination prescribed under a regulation. 4
power 5
Regulation-making
237.(1) The Governor in Council may make regulations under this Act. 6
(2) A regulation may be made about the following-- 7
(a) fees, including the refunding of fees, for this Act; 8
(b) imposing a penalty of not more than 20 penalty units for a 9
contravention of a provision of a regulation. 10
(3) Without limiting subsection (2)(a), a regulation may prescribe 11
amounts as fees having regard to the costs of the board performing its 12
functions under, or complying with-- 13
(a) an Act in the legislative scheme; or 14
(b) another Act. 15
ART 10--REPEAL, TRANSITIONAL AND SAVINGS 16
P
PROVISIONS 17
1--Repeal 18
Division
of Dental Act 1971 19
Repeal
238. The Dental Act 1971 (1971 Act No. 61) is repealed. 20
s 239 138 s 242
Dental Practitioners Registration
Division 2--Transitional provisions 1
for div 2 2
Definitions
239. In this division-- 3
"column 1 registration" see section 250(1). 4
"column 2 registration" see section 250(2). 5
"commencement" means commencement of this section. 6
"former board" means the Dental Board of Queensland under the repealed 7
Act. 8
"item", followed by a number, in relation to a column 1 or 2 registration, 9
means the column 1 or 2 registration identified in the table in 10
section 250(1) by the item number. 11
to repealed Act or former board 12
References
240.(1) In an Act or document, a reference to the repealed Act may, if the 13
context permits, be taken as a reference to this Act. 14
(2) A reference in an Act or document to the former board may, if the 15
context permits, be taken as a reference to the board. 16
is the legal successor 17
Board
241.(1) The board is the successor in law of the former board. 18
(2) Sections 242 to 246 do not limit subsection (1). 19
and liabilities etc. 20
Assets
242. On the commencement-- 21
(a) the assets and liabilities of the former board become assets and 22
liabilities of the board; and 23
(b) any contracts entered into by or on behalf of the former board and 24
all guarantees, undertakings and securities given by or on behalf 25
of the former board, in force immediately before the 26
commencement, are taken to have been entered into or given by 27
s 243 139 s 246
Dental Practitioners Registration
or to the board and may be enforced against or by the board; and 1
(c) any property that, immediately before the commencement, was 2
held on trust, or subject to a condition, by the former board 3
continues to be held by the board on the same trusts, or subject to 4
the same condition. 5
agreements 6
Service
243. A service agreement entered into by the former board, in force 7
immediately before the commencement, is taken to have been entered into 8
by the board. 9
10
Proceedings
244. A proceeding that could have been started or continued by or against 11
the former board before the commencement may be started or continued by 12
or against the board. 13
with matter under Health Practitioners (Professional 14
Dealing
Standards) Act 1999 15
245. A matter that had started to be, or could have been, dealt with under 16
the Health Practitioners (Professional Standards) Act 1999 by the former 17
board before the commencement may be continued, or started, to be dealt 18
with by the board. 19
20
Offences
246.(1) Proceedings for an offence against the repealed Act may be 21
continued, or started by the board, and the provisions of the repealed Act 22
and the Medical Act and Other Acts (Administration) Act 1966 necessary or 23
convenient to be used in relation to the proceedings continue to apply, as if 24
this Act had not commenced. 25
(2) For subsection (1), the Acts Interpretation Act 1954, section 2052 26
52 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act
etc.)
s 247 140 s 247
Dental Practitioners Registration
applies, but does not limit the subsection. 1
(3) This section has effect despite the repeal of the Medical Act and Other 2
Acts (Administration) Act 1966. 3
of board 4
Membership
247.(1) From the commencement, the board consists of the existing 5
members. 6
(2) Also, the board may include other persons appointed by the Governor 7
in Council (the "additional members"). 8
(3) However, the first board must not consist of more than 11 members. 9
(4) An existing member holds office as a member until the earlier of the 10
following days-- 11
(a) the day the existing member's term of appointment under the 12
repealed Act would have ended if this Act had not commenced; 13
(b) if the existing member vacates office under this Act before the 14
day mentioned in paragraph (a), the day the existing member 15
vacates office. 16
(5) An additional member is to be appointed for a term that ends on or 17
before the day when the existing members' terms of appointment under the 18
repealed Act would have ended if this Act had not commenced. 19
(6) If a person, including an existing member, appointed to the board 20
under this section is a registrant, the person is taken to be a registrant 21
member. 22
(7) The Governor in Council may appoint a person to fill the office of a 23
member of the first board if it is vacant. 24
(8) This section has effect despite sections 15 to 18 and 20.53 25
(9) In this section-- 26
53 Sections 15 (Membership of board), 16 (Registrant members), 17 (Public
members), 18 (Certain nominee board members) and 20 (Term of appointment)
s 248 141 s 249
Dental Practitioners Registration
"existing member" means a person who, immediately before the 1
commencement, held office as a member of the former board. 2
"first board" means the board as constituted under this section. 3
and deputy chairperson of board 4
Chairperson
248.(1) From the commencement-- 5
(a) the existing president is taken to be the chairperson of the board as 6
constituted under section 247; and 7
(b) the existing deputy president is taken to be the deputy chairperson 8
of the board as constituted under section 247. 9
(2) The existing president ceases to hold office as the chairperson if the 10
existing president vacates the office of chairperson under this Act. 11
(3) The existing deputy president ceases to hold office as the deputy 12
chairperson if the existing deputy president vacates the office of deputy 13
chairperson under this Act. 14
(4) This section has effect despite section 19(1) and (3).54 15
(5) In this section-- 16
"existing president" means the person who, immediately before the 17
commencement, held office as the president of the former board. 18
"existing deputy president" means the person who, immediately before 19
the commencement, held office as the deputy president of the former 20
board. 21
22
Appeals
249.(1) Subsection (2) applies if-- 23
(a) a person has appealed to the District Court under repealed 24
section 29 before the commencement against a decision of the 25
former board; and 26
(b) the appeal has not been decided before the commencement. 27
54 Section 19 (Chairperson and deputy chairperson of board)
s 250 142 s 250
Dental Practitioners Registration
(2) The District Court may hear, or continue to hear, and decide the 1
appeal under the repealed Act as if this Act had not commenced. 2
(3) Subsection (4) applies if-- 3
(a) immediately before the commencement a person could have 4
appealed to the District Court under the repealed section 29 5
against a decision of the former board; and 6
(b) the person has not appealed before the commencement. 7
(4) The person may appeal, and the District Court may hear and decide 8
the appeal, under the repealed Act as if this Act had not commenced. 9
(5) For giving effect to its decision under subsection (2) or (4), the 10
District Court may make the orders it considers necessary having regard to 11
the provisions of this Act. 12
13
Example for subsection (5)--
14
On an appeal by a person against a decision of the former board to refuse to
15
register the person as a dentist under the repealed Act, the District Court may
16
order that the board register the person under this Act.
(6) In this section-- 17
"repealed section 29" means section 29 of the repealed Act. 18
registrations 19
Existing
250.(1) This section applies to a person who immediately before the 20
commencement was registered, under the repealed Act, for a category of 21
registration mentioned in column 1 of the following table (the "column 1 22
registration")-- 23
Table 24
column 1 column 2
1. registration as a dentist under general registration
section 18(1)(a) of the repealed
Act
s 250 143 s 250
Dental Practitioners Registration
2. for a person with a prescribed general registration
Australian qualification--
registration as a dentist under
section 18(1)(b) of the repealed
Act
3. registration as a dental specialist specialist registration in
in a specialty under section 18(6) the specialty
or (7) of the repealed Act
4. limited registration as a dentist, special purpose
under section 20(1) or limited registration for the
registration as a dental specialist purpose
under section 20(3) of the
repealed Act, for a purpose
mentioned in section 20(1)(d)(i)
or (ii)
5. registration, under section 20A special purpose
of the repealed Act, for the registration for the
purpose of postgraduate study or purpose
research in a stated branch of
dentistry
6. provisional registration as a provisional general
dentist under section 26H of the registration.
repealed Act
(2) The person is taken to be registered for the category of registration 1
mentioned in column 2 of the table (the "column 2 registration") shown 2
opposite the column 1 registration. 3
(3) If the column 1 registration was, immediately before the 4
commencement, subject to conditions, the column 2 registration is taken to 5
be subject to the conditions. 6
(4) Despite section 56,55 the column 2 registration continues until the later 7
of the following days-- 8
(a) 31 December first happening after the commencement; 9
(b) the day that is 3 months after the commencement. 10
55 Section 56 (Period)
s 251 144 s 252
Dental Practitioners Registration
(5) However, subsection (4) stops applying if the column 2 registration is 1
surrendered or cancelled. 2
(6) A regulation prescribing a branch of dentistry to be a specialty (the 3
"new specialty") may state that the new specialty includes, or is the 4
equivalent of, a particular specialty prescribed under the repealed Act (the 5
"previous specialty"). 6
(7) Subsection (8) applies if a regulation is made under subsection (6). 7
(8) For applying this section in relation to the previous specialty, a 8
reference in item 3, column 2, in subsection (1) to `the specialty' is taken to 9
be a reference to the new specialty. 10
(9) In this section-- 11
"prescribed Australian qualification" means a qualification mentioned in 12
section 18(1)(b) of the repealed Act conferred by an educational 13
institution in Australia. 14
of conditions imposed under repealed Act 15
Removal
251.(1) This section applies to conditions mentioned in section 250(3) 16
that were imposed, under the repealed Act, on an item 4 or 5 column 1 17
registration. 18
(2) Section 13356 applies to the conditions as if the conditions had been 19
imposed on the registration under this Act. 20
overseas conditional registration 21
Existing
252.(1) This section applies if, immediately before the commencement, a 22
person held overseas conditional registration as a dentist, under 23
section 18(2) of the repealed Act, for a stated period. 24
(2) The person is taken to hold general registration for the stated period. 25
(3) The general registration may not be renewed. 26
(4) If, before the end of the stated period, the board is satisfied the person 27
is practising the profession in Queensland, the board may register the 28
56 Section 133 (Removal)
s 253 145 s 253
Dental Practitioners Registration
person as if the person were eligible for general registration under part 3, 1
division 2, subdivision 2. 2
applications for certain column 1 registrations 3
Existing
253.(1) This section applies to any of the following applications made 4
under the repealed Act, and not decided before the commencement---- 5
(a) an application for an item 1, 2, 3, 4 or 5 column 1 registration; 6
(b) an application for registration as a dentist by a person with a 7
prescribed overseas qualification or a qualification mentioned in 8
section 18(1)(c) of the repealed Act. 9
(2) The application must be decided under this Act. 10
(3) The application is taken to be-- 11
(a) for an application mentioned in subsection (1)(a)--for the 12
column 2 registration shown opposite the column 1 registration; 13
and 14
(b) for an application mentioned in subsection (1)(b)--for general 15
registration. 16
(4) Part 3, division 2, 8 or 957 applies to the application. 17
(5) However, the provisions of this Act dealing with making the 18
application in the approved form and paying the application fee and 19
registration fee that would otherwise apply do not apply to the application. 20
(6) In this section-- 21
"application fee" includes a specialist application fee. 22
"prescribed overseas qualification" means a qualification mentioned in 23
section 18(1)(b) of the repealed Act conferred by an educational 24
institution in a country other than Australia. 25
"registration fee" includes a specialist registration fee. 26
57 Part 3 (Registration), division 2 (Applications for general registration),
8 (Specialist registration) or 9 (Special purpose registrations)
s 254 146 s 255
Dental Practitioners Registration
applications for restoration of certain column 1 registrations 1
Existing
254.(1) An application for the restoration of an item 1, 2, 3, 4 or 5 2
column 1 registration made under section 24(6) of the repealed Act, and not 3
decided before the commencement, must be decided under this Act. 4
(2) The application is taken to be for the restoration of the column 2 5
registration shown opposite the column 1 registration. 6
(3) Part 3, division 5 or division 5, as applied by section 113(1)(c),58 7
applies to the application. 8
(4) However, the following provisions do not apply to the application-- 9
(a) for an application to which part 3, division 5 applies-- 10
(i) the provisions, applied by section 76,59 to the extent to which 11
they relate to recency of practice requirements; and 12
(ii) sections 77, 78 and 81;60 13
(b) for an application to which part 3, division 5, as applied by 14
section 113(1)(c) applies-- 15
(i) the provisions, applied by section 76, to the extent to which 16
they relate to recency of practice requirements, as applied 17
under section 113(1)(c); and 18
(ii) sections 77, 78 and 81, as applied under section 113(1)(c). 19
applications for renewal of certain column 1 registrations 20
Existing
255.(1) An application for the renewal of an item 4 or 5 column 1 21
registration made under section 20(5)(b) or 20A(2) of the repealed Act, and 22
not decided before the commencement, must be decided under this Act. 23
(2) The application is taken to be for the renewal of the column 2 24
58 Part 3 (Registration), division 5 (Restoration of general registrations) and
section 113 (Application of certain provisions about general registration to
specialist registration).
59 Section 76 (Application of div 4, sdivs 1 and 3)
60 Sections 77 (When an application for restoration of a general registration may be
made), 78 (Procedural requirements for applications) and 81 (When recency of
practice conditions take effect)
s 256 147 s 258
Dental Practitioners Registration
registration shown opposite the column 1 registration. 1
(3) Part 3, division 4, as applied by section 127, applies to the application. 2
(4) However, the provisions of part 3, division 4, as applied by 3
section 127, dealing with making the application in the approved form and 4
paying the registration fee do not apply to the application. 5
of satisfaction process under section 20(9) of the 6
Continuation
repealed Act 7
256.(1) If a satisfaction process in relation to a limited registration person 8
has been started by the board, but not finished, before the commencement, 9
the process may be continued or discontinued by the board as if this Act had 10
not commenced. 11
(2) In this section-- 12
"limited registration person" means a person who immediately before the 13
commencement was registered, under the repealed Act, for an item 4 14
column 1 registration. 15
"satisfaction process", in relation to a limited registration person, means 16
the process started by the board under section 20(9) of the repealed Act 17
calling on the person to satisfy the board that the person's name should 18
remain on the register. 19
registrations 20
Suspended
257.(1) This section applies if an item 1, 2, 3, 4 or 5 column 1 21
registration has been suspended and the period of suspension has not ended 22
before the commencement. 23
(2) The suspension is taken to continue as a suspension of the column 2 24
registration shown opposite the column 1 registration. 25
of company names under repealed Act 26
Approval
258.(1) This section applies if-- 27
(a) immediately before the commencement-- 28
(i) there was in effect an approval of a name for a corporation 29
s 259 148 s 260
Dental Practitioners Registration
under section 41 of the repealed Act; or 1
(ii) a list of names for a corporation or proposed corporation had 2
been submitted to the board under section 41(2) of the 3
repealed Act; and 4
(b) from the commencement, the corporation carries on the business 5
of providing professional services under a business name that is 6
the corporation's own name. 7
(2) The corporation is taken to have given the board the notice required 8
under section 148(4).61 9
(3) However, if the corporation has not given the board the information 10
mentioned in section 148(4)(b) and (c), the board may, by notice given to 11
the corporation, require the corporation to give the board, within a 12
reasonable time of at least 30 days stated in the notice, the information. 13
(4) The corporation must comply with the notice, unless the corporation 14
has a reasonable excuse. 15
Maximum penalty for subsection (4)--10 penalty units. 16
148 and 151 ineffective for 6 months 17
Sections
259.(1) Sections 148 and 15162 have no effect for 6 months after they 18
commence. 19
(2) However, a person may give the board a notice mentioned in 20
section 117 within the 6 month period. 21
22
Records
260.(1) This section applies if-- 23
(a) a registration was affected under the repealed Act; and 24
(b) immediately before the commencement, the former board held a 25
record of the details of the way the registration was affected and 26
61 Section 148 (Notification of business names etc.)
62 Sections 148 (Notification of business names etc.) and 151 (Information to
appear in advertisements)
s 261 149 s 261
Dental Practitioners Registration
the reason for it being affected. 1
(2) The record must be kept by the board for at least 10 years after the 2
commencement. 3
Act has not been repealed 4
Certain
261.(1) This section applies if an Act mentioned in column 2 of the 5
following table (the "column 2 Act") has not been repealed-- 6
Table 7
column 1 column 2
Chiropractors Registration Act Chiropractors and Osteopaths Act 8
2000 1979
Dental Technicians and Dental Dental Technicians and Dental 9
Prosthetists Registration Act 2000 Prosthetists Act 1991
Medical Practitioners Registration Medical Act 1939 10
Act 2000
Occupational Therapists Occupational Therapists Act 1979 11
Registration Act 2000
Optometrists Registration Act 2000 Optometrists Act 1974
Osteopaths Registration Act 2000 Chiropractors and Osteopaths Act
1979
Pharmacists Registration Act 2000 Pharmacy Act 1976
Physiotherapists Registration Act Physiotherapists Act 1964 12
2000
Podiatrists Registration Act 2000 Podiatrists Act 1969
Psychologists Registration Act Psychologists Act 1977 13
2000
Speech Pathologists Registration Speech Pathologists Act 1979. 14
Act 2000
(2) A reference in schedule 4, definition "health practitioner registration 15
Act" to the Act mentioned in column 1 of the table shown opposite the 16
column 2 Act is taken to be a reference to the column 2 Act. 17
s 265 150 s 267
Dental Practitioners Registration
3--Savings provisions 1
Division
63 2
of section of by-law under repealed Act 3
Continuation
265.(1) The Dental By-law 1988, section 18, as in force immediately 4
before the commencement of this section, and as amended by section 268 5
and schedule 3, part B (the "saved provision"), continues to have effect 6
and is taken to be a regulation under this Act for all purposes, including 7
amendment and repeal by regulation. 8
(2) A regulation under this Act may relocate the saved provision to a 9
regulation under this Act and for that purpose renumber the saved 10
provision. 11
to Dental Technicians and Dental Prosthetists Registration 12
References
Act 2000, s 240(1) 13
266.(1) Subsection (2) applies if the Dental Technicians and Dental 14
Prosthetists Act 1991 has not been repealed. 15
(2) A reference in this division to the Dental Technicians and Dental 16
Prosthetists Registration Act 2000, section 240(1) is taken to be a reference 17
to the Dental Technicians and Dental Prosthetists Act 1991. 18
PART 11--CONSEQUENTIAL AND OTHER 19
AMENDMENTS 20
of Acts 21
Amendment
267. Schedule 2 amends the Acts mentioned in it. 22
63 Section 268(1) and schedule 3, part A amend the Dental Act 1971 and relocate
certain provisions of that Act to this division.
s 268 151 s 268
Dental Practitioners Registration
of Dental Act 1971 and Dental By-law 1988 1
Amendment
268.(1) Schedule 3, part A amends the Dental Act 1971 and relocates 2
certain provisions of that Act to part 10, division 3. 3
(2) Schedule 3, part B amends the Dental By-law 1988, section 18. 4
5
152
Dental Practitioners Registration
SCHEDULE 1 1
¡
ECISIONS FOR WHICH INFORMATION NOTICES 2
D
MUST BE GIVEN 3
section 198(2) 4
Section Description of decision
51 Deciding to refuse to register an
applicant for general registration as
a general registrant
51, as applied by section 120 Deciding to refuse to register an
applicant for special purpose
registration as a special purpose
registrant
57 Deciding to register a person as a
general registrant on conditions and
deciding the review period applying
to the conditions
73 Deciding to refuse to renew a
general registration
73, as applied by section 76 Deciding to refuse to restore a
general registration
73, as applied by section 113(1)(b) Deciding to refuse renew a
specialist registration
73, as applied under Deciding to refuse to restore a 5
section 113(1)(c) specialist registration
73, as applied by section 127 Deciding to refuse to renew a
special purpose registration
153
Dental Practitioners Registration
SCHEDULE 1 (continued)
74 Deciding to renew a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
74, as applied by section 76 Deciding to restore a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
74, as applied by section 113(1)(b) Deciding to renew a specialist
registration on recency of practice
conditions and deciding the review
period applying to the conditions
74, as applied under Deciding to restore a specialist 1
section 113(1)(c) registration on recency of practice
conditions and deciding the review
period applying to the conditions
86 Deciding to cancel a general
registration
86, as applied by section 113(1)(d) Deciding to cancel a specialist
registration
86, as applied by section 131 Deciding to cancel a special purpose
registration
94 Deciding to confirm or change
conditions of a general registration
and deciding the review period
applying to the conditions
94, as applied by section 113(1)(e) Deciding to confirm or change
conditions of a specialist
registration and deciding the review
period applying to the conditions
154
Dental Practitioners Registration
SCHEDULE 1 (continued)
104 Deciding to refuse to register an
applicant for specialist registration
in a specialty as a specialist
registrant in the specialty
111 Deciding to register an applicant as
a specialist registrant on conditions
and deciding the review period
applying to the conditions
125 Deciding to register a person as a
special purpose registrant on
conditions
129 Deciding to renew a special purpose
registration on conditions
136 Deciding to refuse to grant an
application for the replacement of a
certificate of registration
182(1)(c) Decision resulting in a thing being
forfeited to the State
1
155
Dental Practitioners Registration
SCHEDULE 2 1
¡
CONSEQUENTIAL AMENDMENTS OF ACTS 2
section 267 3
HEALTH ACT 1937 4
´
1. Section 5(1), definition "dentist"-- 5
omit, insert-- 6
` "dentist" means a person registered under the Dental Practitioners 7
Registration Act 2000.'. 8
2. Section 5(1), definition "health practitioner registration Act", 9
`Dental Act 1971'-- 10
omit, insert-- 11
`Dental Practitioners Registration Act 2000'. 12
HEALTH PRACTITIONER REGISTRATION BOARDS 13
´
(ADMINISTRATION) ACT 1999 14
1. Schedule, definition "health practitioner registration Act", `Dental 15
Act 1971'-- 16
omit, insert-- 17
`Dental Practitioners Registration Act 2000'. 18
156
Dental Practitioners Registration
SCHEDULE 2 (continued)
HEALTH PRACTITIONERS (PROFESSIONAL 1
´
STANDARDS) ACT 1999 2
1. Schedule, definition "chairperson", paragraph (b)-- 3
omit. 4
2. Schedule, definition "health practitioner registration Act", `Dental 5
Act 1971'-- 6
omit, insert-- 7
`Dental Practitioners Registration Act 2000'. 8
3. Schedule, definition "profession", paragraph (b), `Dental Act 9
1971'-- 10
omit, insert-- 11
`Dental Practitioners Registration Act 2000'. 12
EALTH PRACTITIONERS (SPECIAL EVENTS 13
´H
EXEMPTION) ACT 1998 14
1. Schedule, definition "health registration Act", `Dental Act 1971'-- 15
omit, insert-- 16
`Dental Practitioners Registration Act 2000'. 17
157
Dental Practitioners Registration
SCHEDULE 2 (continued)
HEALTH RIGHTS COMMISSION ACT 1991 1
´
1. Schedule 2, item 2-- 2
omit, insert-- 3
`2. Dental Board of Queensland'. 4
EALTH SERVICES ACT 1991 5
´H
1. Section 63(6), `Dental Act 1971'-- 6
omit, insert-- 7
`Dental Practitioners Registration Act 2000'. 8
EDICAL ACT AND OTHER ACTS 9
´M
(ADMINISTRATION) ACT 1966 10
1. Title, `the Dental Act 1971,'-- 11
omit. 12
2. Section 4(1)(d)-- 13
omit. 14
158
Dental Practitioners Registration
SCHEDULE 2 (continued)
RADIATION SAFETY ACT 1999 1
´
1. Schedule 2, definition "health practitioner registration Act", `Dental 2
Act 1971'-- 3
omit, insert-- 4
`Dental Practitioners Registration Act 2000'. 5
6
159
Dental Practitioners Registration
SCHEDULE 3 1
¡
MENDMENT OF DENTAL ACT 1971 AND DENTAL 2
A
BY-LAW 1988 3
section 268 4
PART A--DENTAL ACT 1971 5
1. Section 4, `In this Act'-- 6
omit, insert-- 7
`In this division'. 8
2. Section 4, definitions "approved form", "association of persons", 9
"board", "company", "dental company", "dental specialist", "dental 10
specialty", "dentist", "fee", "register of dental specialists", "register of 11
dentists", "registrar" and "utter"-- 12
omit. 13
3. Section 30(1), from `or take' to `practice of dentistry'-- 14
omit. 15
4. Section 30(1), (6) and (8), `dentist'-- 16
omit, insert-- 17
`registrant'. 18
5. Section 30(1) and (6)-- 19
insert-- 20
`Maximum penalty--20 penalty units.'. 21
160
Dental Practitioners Registration
SCHEDULE 3 (continued)
6. Section 30(1A) to (5D), (7), (7A) and (9)(b) and (c)-- 1
omit. 2
7. Section 30(6) and (8)(e), `or a dental specialist'-- 3
omit. 4
8. Section 30(6), `or dental specialist'-- 5
omit. 6
9. Section 30(8)(d), `the by-laws'-- 7
omit, insert-- 8
`a regulation'. 9
10. Section 30(9), from `of--' to `Act,'-- 10
omit, insert-- 11
`of the performance of dental technical work within the meaning of the 12
Dental Technicians and Dental Prosthetists Registration Act 2000, 13
section 240(1), or the provision of dental prosthetic services within the 14
meaning of section 240(2) of that Act,'. 15
11. Section 30A(2), `The by-laws'-- 16
omit, insert-- 17
`A regulation'. 18
12. Sections 4, 30 and 30A-- 19
relocate to Dental Practitioners Registration Act 2000 and in that Act 20
insert and renumber, in part 10, division 3, as sections 262 to 264. 21
161
Dental Practitioners Registration
SCHEDULE 3 (continued)
PART B--DENTAL BY-LAW 1988 1
1. Section 18(1), `section 30A(2)(a)'-- 2
omit, insert-- 3
`section 264(2)(a)'. 4
2. Section 18(2), `section 30A(1)'-- 5
omit, insert-- 6
`section 264(1)'. 7
3. Section 18(3)(c)(vii), (5)(c), (6), (7) and (8), `dentist or dental 8
specialist'-- 9
omit, insert-- 10
`registrant'. 11
4. Section 18(4) to (7)-- 12
insert-- 13
`Maximum penalty--4 penalty units.'. 14
5. Section 18(7A), `the prescribed fee'-- 15
omit, insert-- 16
`a fee of $ 30.00'. 17
18
162
Dental Practitioners Registration
SCHEDULE 4 1
¡
DICTIONARY 2
section 8 3
"accepted representations" see section 84(2). 4
"advertise" includes-- 5
(a) placing an entry in a directory; and 6
(b) displaying a sign; and 7
(c) using printed stationery. 8
"appellant" see section 198(1). 9
"application fee" see section 42(1)(c)(ii). 10
"approved form" means a form approved by the board. 11
"assessment report" see section 48(1). 12
"authorised person", for part 3, division 3, see section 59(1). 13
"board" means the Dental Board of Queensland. 14
"business name", of a business, means a name or style under which the 15
business is carried on. 16
"certificate of general registration" means a certificate of general 17
registration issued under part 3. 18
"certificate of provisional general registration" means a certificate of 19
provisional general registration issued under section 60(5). 20
"certificate of provisional special purpose registration" means a 21
certificate of provisional special purpose registration issued under 22
part 3, division 9. 23
"certificate of provisional specialist registration" means a certificate of 24
provisional specialist registration issued under section 60(5), as applied 25
by section 113(1)(a). 26
"certificate of registration" means a certificate of general registration, 27
163
Dental Practitioners Registration
SCHEDULE 4 (continued)
certificate of specialist registration, certificate of provisional general 1
registration, certificate of provisional specialist registration, certificate 2
of special purpose registration or certificate of provisional special 3
purpose registration. 4
"certificate of specialist registration" means a certificate of specialist 5
registration issued under part 3, division 8. 6
"certificate of special purpose registration" means a certificate of special 7
purpose registration issued under part 3, division 9. 8
"certified copy", of a certificate of registration, means a copy that is 9
certified by the board as being a true copy of the certificate. 10
"chairperson" means the chairperson of the board appointed under 11
section 19(1). 12
"column 1 registration", for part 10, division 2, see section 239. 13
"column 2 registration", for part 10, division 2, see section 239. 14
"commencement", for part 10, division 2, see section 239. 15
"committee" means a committee of the board established under 16
section 33(1). 17
"convicted", of an offence, means being found guilty of the offence, on a 18
plea of guilty or otherwise, whether or not a conviction is recorded. 19
"corresponding law" means a law applying, or that applied, in another 20
State, the Commonwealth or a foreign country that provides, or 21
provided, for the same matter as-- 22
(a) a health practitioner registration Act or the Health Practitioners 23
(Professional Standards) Act 1999; or 24
(b) a provision of a health practitioner registration Act or the Health 25
Practitioners (Professional Standards) Act 1999. 26
"declaration period", for part 9, division 3, see section 228. 27
"declared event", for part 9, division 3, see section 228. 28
"deputy chairperson" means the deputy chairperson of the board 29
appointed under section 19(1). 30
164
Dental Practitioners Registration
SCHEDULE 4 (continued)
"document production requirement" see section 189(5). 1
"educational institution" means a university, training institution or 2
professional college engaged in the education of persons in the practice 3
of the profession. 4
"executive officer" means the executive officer appointed under the Health 5
Practitioner Registration Boards (Administration) Act 1999. 6
"executive officer", of a corporation, means a person who is concerned 7
with, or takes part in, the corporation's management, whether or not 8
the person is a director or the person's position is given the name of 9
executive officer. 10
"facsimile warrant" see section 171(4). 11
"foreign regulatory authority" means-- 12
(a) an interstate regulatory authority; or 13
(b) an entity established under a law applying in a foreign country, 14
other than New Zealand, having functions similar to the board's 15
functions under this Act or the Health Practitioners (Professional 16
Standards) Act 1999. 17
"former board", for part 10, division 2, see section 239. 18
"former registrant" means a person who was, but is not currently, 19
registered under part 3. 20
"general registrant" means a person registered, under part 3, as a general 21
registrant, but does not include a provisional general registrant. 22
"general registration" means registration of a person as a general 23
registrant under part 3. 24
"general registration period"see section 56(1). 25
"health assessment", in relation to a person, includes-- 26
(a) a physical, medical, psychiatric or psychological examination or 27
test of the person; and 28
(b) asking questions to assess the person's mental and physical 29
health. 30
165
Dental Practitioners Registration
SCHEDULE 4 (continued)
"Health Insurance Commission" means the Health Insurance 1
Commission established under the Health Insurance Commission Act 2
1973 (Cwlth), section 4. 3
"health practitioner registration Act" means any of the following Acts-- 4
· this Act 5
· Chiropractors Registration Act 2000 6
· Dental Technicians and Dental Prosthetists Registration Act 7
2000 8
· Medical Practitioners Registration Act 2000 9
· Medical Radiation Technologists Registration Act 2000 10
· Occupational Therapists Registration Act 2000 11
· Optometrists Registration Act 2000 12
· Osteopaths Registration Act 2000 13
· Pharmacists Registration Act 2000 14
· Physiotherapists Registration Act 2000 15
· Podiatrists Registration Act 2000 16
· Psychologists Registration Act 2000 17
· Speech Pathologists Registration Act 2000. 18
"health records", for part 9, division 1, see section 220. 19
"health service" means a service for maintaining, improving or restoring 20
people's health and wellbeing. 21
"impose", a condition, includes change or confirm the condition. 22
"information notice", for a decision of the board or an inspector, is a 23
notice stating the following-- 24
(a) the decision; 25
(b) the reasons for the decision; 26
(c) that the person to whom the notice is given may appeal against the 27
decision within 28 days; 28
166
Dental Practitioners Registration
SCHEDULE 4 (continued)
(d) how the person may appeal against the decision to the District 1
Court; 2
(e) if the decision is that a person be registered on conditions-- 3
(i) for a general or specialist registration--the review period 4
applying to the conditions; and 5
(ii) for conditions imposed because of the person's mental and 6
physical health, the details of which it has been decided 7
under section 57(4) to record in the register--the details that 8
must be recorded in the register for the period for which the 9
conditions are in force; 10
(f) if the decision is that a general or specialist registration be 11
renewed or restored on recency of practice conditions, the review 12
period applying to the conditions; 13
(g) if the decision is that a registration be cancelled--a direction to the 14
person-- 15
(i) to return the certificate of registration to the board 16
within 14 days after receiving the notice; and 17
(ii) for a decision that a specialist registrant's or provisional 18
specialist registrant's general registration be 19
cancelled--to return the certificate of specialist 20
registration or certificate of provisional specialist 21
registration to the board within 14 days after receiving 22
the notice; 23
(h) if the decision is that the conditions imposed on a general or 24
specialist registration be confirmed, the review period applying to 25
the confirmed conditions; 26
(i) if the decision is that the conditions imposed on a general or 27
specialist registration be changed-- 28
(i) the review period applying to the changed conditions; and 29
(ii) if the conditions were imposed because of the person's 30
mental and physical health and it is decided under 31
section 98(2) that details of the changed conditions must be 32
167
Dental Practitioners Registration
SCHEDULE 4 (continued)
recorded in the register, the details that must be recorded in 1
the register for the period for which the changed conditions 2
are in force; and 3
(iii) a direction to the person to return the certificate of 4
registration to the board within 14 days after receiving the 5
notice; and 6
(iv) for a decision that conditions on a specialist registrant's 7
general registration be changed--a direction to the person to 8
return the certificate of specialist registration to the board 9
within 14 days after receiving the notice. 10
"inspector" means a person who is appointed as an inspector under 11
section 162. 12
"interstate law", for part 9, division 3, see section 228. 13
"interstate regulatory authority" means an entity established under the 14
law of another State or New Zealand having functions similar to the 15
board's functions under this Act or the Health Practitioners 16
(Professional Standards) Act 1999. 17
"item", for part 10, division 2, see section 239. 18
"legislative scheme" see section 4. 19
"local practitioner", for part 9, division 3, see section 228. 20
"medical condition" includes substance abuse or dependence. 21
"member" means a member of the board. 22
"notice" means written notice. 23
"occupier", of a place, includes a person who reasonably appears to be an 24
occupier, or in charge, of the place. 25
"office" means the Office of Health Practitioner Registration Boards under 26
the Health Practitioner Registration Boards (Administration) Act 27
1999. 28
"original decision" see section 198(1). 29
"participant", for part 9, division 3, see section 228. 30
168
Dental Practitioners Registration
SCHEDULE 4 (continued)
"personal details requirement" see section 187(5). 1
"place" includes premises, vacant land and a vehicle. 2
"place of seizure" see section 178. 3
"possess", a health record, for part 9, division 1, see section 220. 4
"premises" includes-- 5
(a) a building or other structure; and 6
(b) a part of a building or other structure; and 7
(c) land where a building or other structure is situated. 8
"prepare", for part 9, division 3, see section 228. 9
"profession" means the dental profession. 10
"professional service" means a dental service, including a specialist dental 11
service. 12
"provisional general registrant" means a person registered, under 13
section 60, as a provisional general registrant. 14
"provisional general registration" means registration of a person as a 15
provisional general registrant under section 60. 16
"provisional specialist registrant" means a person registered, under 17
section 60, as applied by section 113(1)(a), as a provisional specialist 18
registrant. 19
"provisional specialist registration" means registration of a person as a 20
provisional specialist registrant under section 60, as applied by 21
section 113(1)(a). 22
"provisional special purpose registrant" means a person registered, 23
under part 3, division 9, as a provisional special purpose registrant. 24
"provisional special purpose registration" means registration of a person 25
as a provisional special purpose registrant under part 3, division 9. 26
"public members" see section 15(2)(b). 27
"public place" means a place that the public is entitled to use, is open to the 28
public or is used by the public (whether or not on payment of money). 29
169
Dental Practitioners Registration
SCHEDULE 4 (continued)
"recency of practice conditions" see section 74(2). 1
"recency of practice requirements" see section 68. 2
"register" means the register kept under section 215. 3
"registrant" means a person registered under part 3. 4
"registrant members" see section 15(2)(a). 5
"registration" means registration under part 3. 6
"registration fee" see section 42(1)(c)(iii). 7
"renewable registration" means a general registration, specialist 8
registration or special purpose registration. 9
"repealed Act" means the Dental Act 1971. 10
"restoration fee" see section 78(1)(b)(i). 11
"restricted specialist title", for a specialty, means a title that consists of or 12
includes words prescribed under a regulation for the specialty. 13
"restricted title" means a title that consists of, or includes, the words 14
`dentist', `dental practitioner', `dental surgeon' or `surgeon dentist'. 15
"review period", applying to conditions imposed by the board or the 16
District Court on a general registration or specialist registration, means 17
the period, not more than 3 years after the decision to impose the 18
conditions takes effect, within which the registrant may not apply for a 19
review of the conditions under part 3. 20
"service agreement" means an agreement made under the Health 21
Practitioner Registration Boards (Administration) Act 1999, between 22
the executive officer and the board, for the provision of administrative 23
and operational support by the office to the board. 24
"show cause notice" see section 83(1). 25
"show cause period" see section 83(2)(d). 26
"special activities" see section 119. 27
"specialist application fee" see section 100(1)(c)(ii). 28
"specialist registrant" means a person registered, under part 3, division 8, 29
170
Dental Practitioners Registration
SCHEDULE 4 (continued)
as a specialist registrant, but does not include a provisional specialist 1
registrant. 2
"specialist registration" means registration of a person as a specialist 3
registrant under section 104. 4
"specialist registration fee" see section 100(1)(c)(iii). 5
"specialist registration period" see section 109. 6
"special purpose registrant" means a person registered, under part 3, 7
division 9, as a special purpose registrant, but does not include a 8
provisional special purpose registrant. 9
"special purpose registration" means registration of a person as a special 10
purpose registrant under part 3, division 9. 11
"specialty" means a branch of dentistry prescribed under a regulation to be 12
a specialty. 13
"user", of a registrant's services, includes a person who used the services. 14
"visiting practitioner", for part 9, division 3, see section 228. 15
"warrant form" see section 171(5)(b). 16
17
© State of Queensland 2000
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