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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
DENTAL PRACTITIONERS
REGISTRATION BILL 2001
Queensland
DENTAL PRACTITIONERS
REGISTRATION BILL 2001
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
13 Powers of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
14 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 2--Membership
15 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
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16 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
17 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
18 Certain nominee board members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
19 Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . . . . . . . . . . 23
20 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
21 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
22 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
23 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
24 Leave of absence for a member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
25 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 3--Board business
27 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
28 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
30 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
31 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
32 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 4--Board committees
33 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
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 . . . . . . . . . . . . . . . 30
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 ................................................. 31
39 Board is statutory body under the Statutory Bodies Financial
Arrangements Act 1982. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
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40 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
PART 3--REGISTRATION
Division 1--Preliminary
41 Who may apply for registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2--Applications for general registration
Subdivision 1--Applications
42 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 2--Eligibility for general registration
43 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
44 When applicant is qualified for general registration . . . . . . . . . . . . . . . . . . . 33
45 Fitness to practise the profession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Subdivision 3--Inquiries into applications
46 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 36
47 Appointment of appropriately qualified person to conduct health
assessment ............................................. 37
48 Report about health assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
49 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
50 Payment for health assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 4--Decision on applications
51 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
52 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 39
53 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
54 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 5--Information in certificates of general registration
55 Forms of certificates of general registration . . . . . . . . . . . . . . . . . . . . . . . . . 42
Subdivision 6--Period of general registration
56 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Subdivision 7--Conditions of general registration
57 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
58 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 3--Provisional general registration
59 Meaning of "authorised person" for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . 43
60 Provisional general registration of a person . . . . . . . . . . . . . . . . . . . . . . . . . 44
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61 Confirmation or cancellation of provisional general registration . . . . . . . . . 44
62 Procedure after cancellation of provisional general registration . . . . . . . . . . 45
63 Form of certificate of provisional general registration . . . . . . . . . . . . . . . . . 45
64 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
65 Board decides to register provisional general registrant as a general
registrant ............................................ 46
66 Board decides to refuse to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
67 Deemed refusal by board to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 4--Renewal of general registrations
Subdivision 1--Preliminary
68 Meaning of "recency of practice requirements" . . . . . . . . . . . . . . . . . . . . . . 47
Subdivision 2--Applications for renewal of general registrations
69 Notification of imminent expiry of registration. . . . . . . . . . . . . . . . . . . . . . . 48
70 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
71 General registration taken to be in force while application is
considered ........................................ 49
Subdivision 3--Decision on applications
72 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
73 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
74 Recency of practice requirements are not satisfied . . . . . . . . . . . . . . . . . . . . 50
75 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 5--Restoration of general registrations
76 Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
77 When an application for restoration of a general registration may be made. 52
78 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
79 Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
80 Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
81 When recency of practice conditions take effect. . . . . . . . . . . . . . . . . . . . . . 54
Division 6--Cancellation of general registrations
82 Ground for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
83 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
84 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 54
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85 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 55
86 Cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
87 Return of cancelled certificate of general registration to board . . . . . . . . . . 55
Division 7--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or District
Court
88 Review of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
89 How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
90 Review of conditions during review period. . . . . . . . . . . . . . . . . . . . . . . . . . 56
91 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
92 Application of ss 4750. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
93 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
94 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
95 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
96 Failure by board to make decision on application. . . . . . . . . . . . . . . . . . . . . 60
97 Failure by board to make decision on review agreed to under s 90 . . . . . . . 60
98 Further decision required if certain conditions changed . . . . . . . . . . . . . . . . 61
Subdivision 2--Recording change, or removal, of conditions
99 Amendment of, or replacing, certificates of general registration . . . . . . . . . 61
Division 8--Specialist registration
Subdivision 1--Applications
100 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Subdivision 2--Eligibility for specialist registration
101 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
102 When applicant is qualified for specialist registration . . . . . . . . . . . . . . . . . 63
Subdivision 3--Inquiries into applications
103 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 64
Subdivision 4--Decision on applications
104 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
105 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 65
106 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
107 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
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Subdivision 5--Information in certificates of specialist registration
108 Form of certificates of specialist registration . . . . . . . . . . . . . . . . . . . . . . . . 68
Subdivision 6--Period of specialist registration
109 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Subdivision 7--Conditions of specialist registration
110 Conditions attaching to general registration applicable to specialist
registration .............................................. 68
111 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
112 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Subdivision 8--Application of certain provisions
113 Application of certain provisions about general registration to specialist
registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Subdivision 9--Miscellaneous
114 Additional information to be included in show cause notice . . . . . . . . . . . . 71
115 Effect on specialist registration if general registration ceases to have
effect ............................................. 71
116 Effect on specialist registration if conditions on general registration are
changed or removed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
117 Restoration of specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
118 Decision about recording certain conditions in register . . . . . . . . . . . . . . . . 73
Division 9--Special purpose registrations
Subdivision 1--Applications for special purpose registration
119 Undertaking of special activities relating to the profession . . . . . . . . . . . . . 74
120 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
121 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
122 Qualifications for special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 75
123 Suitability to be a special purpose registrant. . . . . . . . . . . . . . . . . . . . . . . . . 76
124 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
125 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
126 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Subdivision 2--Renewal of special purpose registrations
127 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
128 Matters that may be considered in deciding whether to renew special
purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
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129 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
130 Period of renewed special purpose registration. . . . . . . . . . . . . . . . . . . . . . . 78
Subdivision 3--Cancellation of special purpose registrations
131 Application of div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
132 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Subdivision 4--Removal of conditions
133 Removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 10--General provisions about registrations
134 Person is taken to be registered under this part . . . . . . . . . . . . . . . . . . . . . . . 80
135 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
136 Replacement of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 81
137 Certified copy of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . 81
138 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
139 Notification of certain events to interstate regulatory authorities and
other entities ............................................. 81
PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--Restricted titles and holding out
140 Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
141 Taking of restricted specialist title etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
142 Use of title `doctor' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
143 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
144 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 86
145 Restrictions on certain registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
146 Restrictions on provisional registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
147 Restrictions on registrants registered on conditions . . . . . . . . . . . . . . . . . . . 89
Division 2--Notification of business names and other details
148 Notification of business names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
149 Notification of change in business names etc.. . . . . . . . . . . . . . . . . . . . . . . . 90
Division 3--Advertising
150 Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
151 Information to appear in advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
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Division 4--Registrants' autonomy
152 Aiding, abetting etc. conduct that is a ground for disciplinary action. . . . . . 91
Division 5--Court orders and injunctions
153 Persons may be prohibited from supplying health services etc. . . . . . . . . . . 92
154 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Division 6--Reprisals
155 Reprisal and grounds for reprisals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
156 Offence for taking reprisal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
157 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Division 7--Other provisions
158 Payment, or acceptance of payment, for referrals prohibited . . . . . . . . . . . . 96
PART 5--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
159 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
160 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
161 Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 2--Appointment of inspectors and other matters
162 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
163 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
164 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
165 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
166 Production or display of inspector's identity card. . . . . . . . . . . . . . . . . . . . . 98
Division 3--Powers of inspectors
Subdivision 1--Entry of places
167 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Subdivision 2--Procedure for entry
168 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
169 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
170 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
171 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
172 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
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Dental Practitioners Registration Bill 2001
Subdivision 3--Powers after entry
173 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
174 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
175 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Subdivision 4--Power to seize evidence
176 Seizing evidence at a place that may be entered without consent or
warrant ............................................... 104
177 Seizing evidence at a place that may only be entered with consent or
warrant ............................................... 105
178 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
179 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
180 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
181 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
182 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
183 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
184 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
185 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
186 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Subdivision 5--Power to obtain information
187 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
188 Failure to give name or address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
189 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 110
190 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
191 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Division 4--General enforcement matters
192 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
193 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
194 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
195 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
196 Obstructing inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
197 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
PART 6--APPEALS
198 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
10
Dental Practitioners Registration Bill 2001
199 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
200 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
201 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
202 Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
PART 7--LEGAL PROCEEDINGS
Division 1--Evidence
203 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
204 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
205 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
206 Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 2--Proceedings
207 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
208 Proceedings for indictable offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
209 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 119
210 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 119
211 Allegations of false or misleading information or documents . . . . . . . . . . . 119
212 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
213 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 119
214 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 120
PART 8--REGISTER, RECORDS AND INFORMATION
Division 1--Register
215 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
216 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Division 2--Records to be kept
217 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Division 3--Information
218 Confidentiality of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
219 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 124
PART 9--MISCELLANEOUS
Division 1--Abandoned, and other, health records
220 Definitions for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
221 Board may take possession of abandoned health records . . . . . . . . . . . . . . . 125
11
Dental Practitioners Registration Bill 2001
222 Health records forming part of deceased estate. . . . . . . . . . . . . . . . . . . . . . . 125
223 Health records of persons convicted of an offence against s 140(1) or
(6), 141(1) or 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
224 Dealing with certain health records seized under s 176 or 177. . . . . . . . . . . 126
225 How board may deal with health records . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
226 Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Division 2--Continuing professional education of registrants
227 Continuing professional education programs . . . . . . . . . . . . . . . . . . . . . . . . 127
Division 3--Declared events
228 Definitions for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
229 Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
230 Deemed general or specialist registration of visiting practitioners . . . . . . . . 129
Division 4--Other provisions
231 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
232 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 130
233 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 131
234 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
235 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
236 Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
237 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
PART 10--REPEAL, TRANSITIONAL AND SAVINGS
PROVISIONS
Division 1--Repeal
238 Repeal of Dental Act 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Division 2--Transitional provisions
239 Definitions for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
240 References to repealed Act or former board . . . . . . . . . . . . . . . . . . . . . . . . . 132
241 Board is the legal successor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
242 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
243 Service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
244 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
245 Dealing with matter under Health Practitioners (Professional Standards)
Act 1999 ............................................... 133
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Dental Practitioners Registration Bill 2001
246 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
247 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
248 Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . . . . . . . . . . 135
249 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
250 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
251 Removal of conditions imposed under repealed Act . . . . . . . . . . . . . . . . . . . 138
252 Existing overseas conditional registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 138
253 Existing applications for certain column 1 registrations . . . . . . . . . . . . . . . . 139
254 Existing applications for restoration of certain column 1 registrations. . . . . 140
255 Existing applications for renewal of certain column 1 registrations . . . . . . . 140
256 Continuation of satisfaction process under section 20(9) of the repealed
Act ................................................ 141
257 Suspended registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
258 Approval of company names under repealed Act . . . . . . . . . . . . . . . . . . . . . 141
259 Sections 148 and 151 ineffective for 6 months . . . . . . . . . . . . . . . . . . . . . . . 142
260 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
261 Certain Act has not been repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Division 3--Savings provisions
265 Continuation of section of by-law under repealed Act . . . . . . . . . . . . . . . . . 144
266 References to Dental Technicians and Dental Prosthetists Registration
Act 2001, s 240(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
PART 11--CONSEQUENTIAL AND OTHER AMENDMENTS
267 Amendment of Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
268 Amendment of Dental Act 1971 and Dental By-law 1988 . . . . . . . . . . . . . . 145
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 146
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 149
CONSEQUENTIAL AMENDMENTS OF ACTS
COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2000 . . . 149
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
HEALTH PRACTITIONER REGISTRATION BOARDS
(ADMINISTRATION) ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
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Dental Practitioners Registration Bill 2001
HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS)
ACT 1999 .............................................. 150
HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION)
ACT 1998 ............................................... 151
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . 151
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT 1966 . 151
RADIATION SAFETY ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 153
AMENDMENT OF DENTAL ACT 1971 AND DENTAL BY-LAW
1988
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 156
DICTIONARY
2001
A BILL
FOR
An Act to provide for the registration of dental practitioners, and for
other purposes
s1 16 s5
Dental Practitioners Registration Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Dental Practitioners Registration Act 2001. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Division 2--Operation of Act 8
3 Act binds all persons 9
(1) This Act binds all persons, including the State. 10
(2) Nothing in this Act makes the State liable to be prosecuted for an 11
offence. 12
4 The legislative scheme 13
This Act is part of a legislative scheme (the "legislative scheme") 14
consisting of the health practitioner registration Acts, the Health 15
Practitioner Registration Boards (Administration) Act 1999 and the Health 16
Practitioners (Professional Standards) Act 1999. 17
5 Board's decisions to accord with decisions of certain bodies under 18
the Health Practitioners (Professional Standards) Act 1999 19
(1) This section applies if the board is making-- 20
(a) a decision on an application for registration; or 21
(b) a decision, under this Act, affecting a registrant's registration. 22
s6 17 s8
Dental Practitioners Registration Bill 2001
(2) The decision must comply with, and be consistent with, any decision 1
of the board, a disciplinary committee, a professional conduct review 2
panel, the Health Practitioners Tribunal or the Court of Appeal, affecting 3
the applicant or registration, under the Health Practitioners (Professional 4
Standards) Act 1999. 5
6 Mutual recognition legislation not affected 6
This Act does not affect the operation of the Mutual Recognition 7
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 8
(Queensland) Act 1999. 9
Division 3--Objects 10
7 Objects of Act 11
(1) The objects of this Act are-- 12
(a) to protect the public by ensuring health care is delivered by 13
registrants in a professional, safe and competent way; and 14
(b) to uphold the standards of practice within the profession; and 15
(c) to maintain public confidence in the profession. 16
(2) The objects are to be achieved mainly by-- 17
(a) establishing the Dental Board of Queensland; and 18
(b) providing for the registration of persons under this Act; and 19
(c) imposing obligations on persons in relation to the practice of the 20
profession; and 21
(d) providing for compliance with this Act to be monitored and 22
enforced. 23
Division 4--Interpretation 24
8 Definitions 25
The dictionary in schedule 4 defines particular words used in this Act. 26
s9 18 s 11
Dental Practitioners Registration Bill 2001
PART 2--DENTAL BOARD OF QUEENSLAND 1
Division 1--Establishment and functions 2
9 Establishment of board 3
(1) The Dental Board of Queensland is established. 4
(2) The board-- 5
(a) is a body corporate; and 6
(b) has a common seal; and 7
(c) may sue and be sued in its corporate name. 8
10 Board's relationship with the State 9
The board does not represent the State. 10
11 Functions of board 11
The board has the following functions-- 12
(a) to assess applications for registration; 13
(b) to register persons who satisfy the requirements for registration; 14
(c) to monitor, and assess, whether registrants comply with any 15
conditions of registration; 16
(d) to keep a register of, and records relating to, registrants; 17
(e) to promote high standards of practice of the profession by 18
registrants; 19
(f) to develop or adopt programs for the continuing professional 20
education of registrants, and encourage their participation in the 21
programs; 22
(g) to develop or adopt training programs in the practice of the 23
profession that are relevant to a person's eligibility for 24
registration; 25
s 12 19 s 12
Dental Practitioners Registration Bill 2001
1
Example of `training programs'--
2
Refresher courses for persons who have not practised the profession for a
3
number of years.
(h) to confer and cooperate with interstate regulatory authorities; 4
(i) to confer and cooperate with entities engaged in the development 5
of national policies about the regulation of the profession; 6
(j) to confer and cooperate with the following entities about the 7
education of persons in the practice of the profession-- 8
(i) educational institutions; 9
(ii) entities responsible for accrediting courses, or accrediting 10
institutions to educate persons, for the profession; 11
(k) to inform registrants and the public about the operation of the 12
legislative scheme in its application to the profession; 13
(l) to examine, and advise the Minister about, the operation of the 14
legislative scheme in its application to the profession; 15
(m) to monitor, and enforce, compliance with this Act; 16
(n) to undertake research, relevant to the legislative scheme, into the 17
regulation of the profession; 18
(o) to collect, and give to persons, information about the practice of 19
the profession by registrants; 20
21
Example of `information about the practice of the profession by registrants'--
22
The languages, other than English, spoken by registrants.
(p) to perform other functions given to the board under this or 23
another Act. 24
25
Example for paragraph (p)--
26
Under the Health Practitioners (Professional Standards) Act 1999,
27
section 374, the board may develop codes of practice, or adopt another
28
entity's code of practice, to provide guidance to registrants as to
29
appropriate professional conduct or practice.
12 Board's independence etc. 30
In performing its functions, the board is to act independently, impartially 31
and in the public interest. 32
s 13 20 s 14
Dental Practitioners Registration Bill 2001
13 Powers of board 1
(1) The board has all the powers of an individual, and may, for 2
example-- 3
(a) enter into contracts; and 4
(b) enter into service agreements; and 5
(c) acquire, hold, dispose of, and deal with, property; and 6
(d) appoint agents and attorneys; and 7
(e) engage consultants; and 8
(f) fix charges, and other terms, for services and other facilities it 9
supplies; and 10
(g) do anything else necessary or convenient to be done for, or in 11
connection with, its functions. 12
(2) This section does not authorise the board to obtain administrative and 13
operational support other than as required by the Health Practitioner 14
Registration Boards (Administration) Act 1999. 15
(3) Without limiting subsection (1), the board has the powers given to it 16
under this or another Act. 17
(4) The board may exercise its powers inside or outside Queensland. 18
(5) Without limiting subsection (4), the board may exercise its powers 19
outside Australia. 20
14 Delegation by board 21
(1) The board may delegate its powers under this Act to-- 22
(a) a member; or 23
(b) a committee of the board consisting of appropriately qualified 24
persons, 1 of whom must be a member; or 25
(c) the executive officer; or 26
(d) with the agreement of the executive officer--an appropriately 27
qualified member of the office's staff. 28
(2) However, the board may not delegate its power under this Act-- 29
(a) to decide to register, or refuse to register, an applicant for 30
registration; or 31
s 15 21 s 15
Dental Practitioners Registration Bill 2001
(b) to decide to refuse to renew a renewable registration; or 1
(c) to decide to refuse to restore a renewable registration; or 2
(d) to decide to cancel a registration; or 3
(e) to decide to impose, or remove, conditions on a registration; or 4
(f) to enter into a service agreement. 5
(3) In this section-- 6
"appropriately qualified" includes having the qualifications, experience 7
or standing appropriate to exercise the power. 8
9
Example of `standing' for a member of the office's staff--
10
The staff member's classification level in the office.
Division 2--Membership 11
15 Membership of board 12
(1) The board consists of at least 7, but not more than 11, members 13
appointed by the Governor in Council. 14
(2) The board must include-- 15
(a) persons who are general registrants (the "registrant members"); 16
and 17
(b) persons (the "public members") having an interest in, and 18
knowledge of, consumer health issues who are not, and have not 19
been-- 20
(i) registered under a health practitioner registration Act or an 21
earlier corresponding Act; or 22
(ii) registered or enrolled under the Nursing Act 1992 or an 23
earlier corresponding Act; or 24
(iii) registered or enrolled under a law applying, or that applied, 25
in another State or foreign country that provides, or 26
provided, for the same matter as a health practitioner 27
registration Act or the Nursing Act 1992 or a provision of 28
the Act; and 29
(c) 1 lawyer nominated by the Minister. 30
s 16 22 s 18
Dental Practitioners Registration Bill 2001
(3) Also, the Minister may nominate persons who do not belong to the 1
categories of persons mentioned in subsection (2) to be members. 2
(4) A majority of the members must be registrant members. 3
(5) In this section-- 4
"earlier corresponding Act", in relation to a health practitioner 5
registration Act, means an earlier Act that provided for the same 6
matter as the health practitioner registration Act or a provision of the 7
health practitioner registration Act. 8
"earlier corresponding Act", in relation to the Nursing Act 1992, means 9
an earlier Act that provided for the same matter as the Nursing Act 10
1992 or a provision of the Nursing Act 1992. 11
16 Registrant members 12
The registrant members must consist of-- 13
(a) at least 2 general registrants nominated by the bodies the 14
Minister considers represent the interests of registrants; and 15
(b) if there are educational institutions established in the State--1 16
general registrant nominated by the governing bodies of the 17
institutions chosen by the Minister; and 18
(c) at least 1 general registrant nominated by the Minister. 19
17 Public members 20
The public members must consist of-- 21
(a) at least 1 person nominated by community groups and other 22
entities the Minister considers have an interest in consumer 23
health issues; and 24
(b) at least 1 other person nominated by the Minister. 25
18 Certain nominee board members 26
(1) This section applies for the nomination of a person or persons for a 27
position or positions on the board under section 16(a) or (b) or 17(a). 28
(2) The Minister must give the entities who may make the nomination 29
notice stating a reasonable period within which they may nominate the 30
person or persons for the position or positions. 31
s 19 23 s 19
Dental Practitioners Registration Bill 2001
(3) The Minister may in the notice ask the entities to nominate more than 1
the required number of persons for the position or positions. 2
(4) Subject to subsections (5) and (6), if the entities nominate more than 3
the required number of persons for the position or positions-- 4
(a) the Minister must choose the nominee or nominees for the 5
position or positions from the nominations; and 6
(b) the person or persons chosen are taken to be the nominee or 7
nominees, under the relevant provision mentioned in 8
subsection (1), for the position or positions. 9
(5) Subsection (6) applies if-- 10
(a) the entities do not nominate a person or persons for the position 11
or positions within the period stated in the notice; or 12
(b) the entities nominate a number of persons for the position or 13
positions that is less than the number requested by the Minister 14
under subsection (3); or 15
(c) the person or any of the persons nominated by the entities are not 16
eligible to be appointed to the position or positions concerned. 17
(6) The Minister must nominate a person or persons eligible to be 18
appointed to the position or positions and the nomination or nominations 19
are taken to have been made by the entities. 20
(7) To remove doubt, if subsection (5)(b) applies, it is declared that a 21
nomination under subsection (6) may be of, or include, a person or persons 22
nominated by the entities. 23
19 Chairperson and deputy chairperson of board 24
(1) The Governor in Council is to appoint a registrant member to be the 25
chairperson, and another registrant member to be the deputy chairperson, 26
of the board. 27
(2) A person may be appointed as the chairperson or deputy chairperson 28
at the same time the person is appointed as a member. 29
(3) The chairperson or deputy chairperson holds office for the term 30
decided by the Governor in Council, unless the person's term of office as a 31
member ends sooner than the person's term of office as chairperson or 32
deputy chairperson. 33
s 20 24 s 22
Dental Practitioners Registration Bill 2001
(4) A vacancy occurs in the office of chairperson or deputy chairperson 1
if the person holding the office resigns the office by signed notice of 2
resignation given to the Minister or ceases to be a registrant member. 3
(5) However, a person resigning the office of chairperson or deputy 4
chairperson may continue to be a member. 5
(6) The deputy chairperson is to act as chairperson-- 6
(a) during a vacancy in the office of chairperson; and 7
(b) during all periods when the chairperson is absent from duty or, 8
for another reason, can not perform the functions of the office. 9
20 Term of appointment 10
A member is to be appointed for a term of not more than 4 years. 11
21 Disqualification from membership 12
(1) A person can not become, or continue as, a member if the person-- 13
(a) is affected by bankruptcy action; or 14
(b) is, or has been, convicted of an indictable offence; or 15
(c) is, or has been, convicted of an offence against this Act. 16
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 17
person-- 18
(a) is bankrupt; or 19
(b) has compounded with creditors; or 20
(c) as a debtor, has otherwise taken, or applied to take, advantage of 21
any law about bankruptcy. 22
22 Vacation of office 23
(1) A member is taken to have vacated office if the member-- 24
(a) resigns his or her position on the board by signed notice of 25
resignation given to the Minister; or 26
(b) can not continue as a member under section 21; or 27
(c) is absent without the board's permission from 3 consecutive 28
meetings of the board of which due notice has been given. 29
s 23 25 s 24
Dental Practitioners Registration Bill 2001
(2) Also, a member is taken to have vacated office in any of the 1
following circumstances-- 2
(a) if the member is a registrant member--the member stops being a 3
general registrant; 4
(b) if the member is a public member--the member stops being a 5
person mentioned in section 15(2)(b); 6
(c) if the member was nominated, for membership of the board, 7
under section 15(2)(c)--the member stops being a lawyer. 8
(3) In this section-- 9
"meeting" means the following-- 10
(a) if the member does not attend--a meeting with a quorum 11
present; 12
(b) if the member attends--a meeting with or without a quorum 13
present. 14
23 When notice of resignation takes effect 15
A notice of resignation under section 19(4) or 22(1)(a) takes effect when 16
the notice is given to the Minister or, if a later time is stated in the notice, 17
the later time. 18
24 Leave of absence for a member 19
(1) The Minister may approve a leave of absence for a member (the 20
"approved absent member") of more than 3 months. 21
(2) The Minister may appoint another person to act in the office of the 22
approved absent member while the member is absent on the approved 23
leave. 24
(3) A person appointed under subsection (2) must belong to the same 25
category of persons mentioned in section 15(2) or (3) to which the 26
approved absent member belongs. 27
(4) If the approved absent member is the deputy chairperson, the 28
Minister may appoint another registrant member to act in the deputy 29
chairperson's office while the deputy chairperson is absent on the approved 30
leave. 31
s 25 26 s 29
Dental Practitioners Registration Bill 2001
25 Effect of vacancy in membership of board 1
(1) Subsection (2) applies despite sections 15 to 17.1 2
(2) The performance of a function, or exercise of a power, by the board 3
is not affected merely because of a vacancy in the membership of the 4
board. 5
26 Remuneration of members 6
A member is entitled to be paid the fees and allowances decided by the 7
Governor in Council. 8
Division 3--Board business 9
27 Conduct of business 10
Subject to this division, the board may conduct its business, including its 11
meetings, in the way it considers appropriate. 12
28 Times and places of meetings 13
(1) Board meetings are to be held at the times and places the chairperson 14
decides. 15
(2) However, the chairperson must call a meeting if asked, in writing, to 16
do so by the Minister or at least the number of members forming a quorum 17
for the board. 18
29 Quorum 19
A quorum for the board is the number equal to one-half of the number of 20
its members or, if one-half is not a whole number, the next highest whole 21
number. 22
1 Sections 15 (Membership of board), 16 (Registrant members) and 17 (Public
members)
s 30 27 s 31
Dental Practitioners Registration Bill 2001
30 Presiding at meetings 1
(1) The chairperson is to preside at all meetings of the board at which the 2
chairperson is present. 3
(2) If the chairperson is absent from a board meeting, but the deputy 4
chairperson is present, the deputy chairperson is to preside. 5
(3) If the chairperson and deputy chairperson are both absent from a 6
board meeting or the offices are vacant, a registrant member chosen by the 7
members present is to preside. 8
31 Conduct of meetings 9
(1) A question at a board meeting is decided by a majority of the votes of 10
the members present. 11
(2) Each member present at the meeting has a vote on each question to 12
be decided and, if the votes are equal, the member presiding also has a 13
casting vote. 14
(3) A member present at the meeting who abstains from voting is taken 15
to have voted for the negative. 16
(4) The board may hold meetings, or allow members to take part in its 17
meetings, by using any technology allowing reasonably contemporaneous 18
and continuous communication between members taking part in the 19
meeting. 20
21
Example of `technology allowing reasonably contemporaneous and continuous
22
communication'--
23
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 24
taken to be present at the meeting. 25
(6) A resolution is validly made by the board, even if it is not passed at a 26
board meeting, if-- 27
(a) a majority of the board members gives written agreement to the 28
resolution; and 29
(b) notice of the resolution is given under procedures approved by 30
the board. 31
s 32 28 s 33
Dental Practitioners Registration Bill 2001
32 Minutes 1
(1) The board must keep-- 2
(a) minutes of its meetings; and 3
(b) a record of any resolutions made under section 31(6). 4
(2) Subsection (3) applies if a resolution is passed at a board meeting by 5
a majority of the members present. 6
(3) If asked by a member who voted against the passing of the 7
resolution, the board must record in the minutes of the meeting that the 8
member voted against the resolution. 9
Division 4--Board committees 10
33 Committees 11
(1) The board may establish committees of the board for effectively and 12
efficiently performing its functions. 13
(2) A committee may include a person who is not a member of the 14
board. 15
(3) The board is to decide the terms of reference of a committee. 16
(4) The functions of a committee are to-- 17
(a) advise and make recommendations to the board about matters, 18
within the scope of the board's functions, referred by the board to 19
the committee; and 20
(b) exercise powers delegated to it by the board.2 21
(5) A committee must keep a record of the decisions it makes when 22
exercising a power delegated to it by the board. 23
(6) The board may decide matters about a committee that are not 24
provided for under this Act, including, for example, the way a committee 25
must conduct meetings. 26
2 See section 14 for the board's power of delegation.
s 34 29 s 35
Dental Practitioners Registration Bill 2001
34 Remuneration of committee members 1
A committee member is entitled to be paid the fees and allowances 2
decided by the Governor in Council. 3
Division 5--Disclosure of interests by board members and committee 4
members 5
35 Disclosure of interests 6
(1) This section applies to a board or committee member (the 7
"interested person") if-- 8
(a) the interested person has a direct or indirect interest in an issue 9
being considered, or about to be considered, by the board or 10
committee; and 11
(b) the interest could conflict with the proper performance of the 12
person's duties about the consideration of the issue. 13
(2) As soon as practicable after the relevant facts come to the interested 14
person's knowledge, the person must disclose the nature of the interest to a 15
board or committee meeting. 16
(3) Unless the board or committee otherwise directs, the interested 17
person must not-- 18
(a) be present when the board or committee considers the issue; or 19
(b) take part in a decision of the board or committee about the issue. 20
(4) The interested person must not be present when the board or 21
committee is considering whether to give a direction under subsection (3). 22
(5) If there is another person who must, under subsection (2), also 23
disclose an interest in the issue, the other person must not-- 24
(a) be present when the board or committee is considering whether 25
to give a direction under subsection (3) about the interested 26
person; or 27
(b) take part in making the decision about giving the direction. 28
(6) If-- 29
(a) because of this section, a board or committee member is not 30
present at a board or committee meeting for considering or 31
s 36 30 s 36
Dental Practitioners Registration Bill 2001
deciding an issue, or for considering or deciding whether to give 1
a direction under subsection (3); and 2
(b) there would be a quorum if the member were present; 3
the remaining persons present are a quorum of the board or committee for 4
considering or deciding the issue, or for considering or deciding whether to 5
give the direction, at the meeting. 6
(7) A disclosure under subsection (2) must be recorded in the board's or 7
committee's minutes. 8
(8) If the interested person is a registrant member, the person does not 9
have a direct or indirect interest in an issue if the interest arises merely 10
because the person is a registrant. 11
Division 6--Directions by Minister 12
36 Minister's power to give directions in the public interest 13
(1) The Minister may give the board a written direction about a matter 14
relevant to the performance of its functions under this Act if the Minister is 15
satisfied it is necessary to give the direction in the public interest. 16
(2) Without limiting subsection (1), the direction may be to-- 17
(a) give reports and information; or 18
(b) apply to the board a policy, standard or other instrument applying 19
to a public sector unit. 20
(3) The direction can not be about-- 21
(a) the registering of, or refusal to register, an applicant for 22
registration; or 23
(b) the renewing of, or refusal to renew, a renewable registration; or 24
(c) the restoring of, or refusal to restore, a renewable registration; or 25
(d) the cancelling of a registration; or 26
(e) the imposing, or removal, of conditions on a registration. 27
(4) Despite section 12,3 the board must comply with the direction. 28
3 Section 12 (Board's independence etc.)
s 37 31 s 38
Dental Practitioners Registration Bill 2001
Division 7--Annual reports 1
37 Matters to be included in annual report 2
(1) The board's annual report under the Financial Administration and 3
Audit Act 1977 for a financial year must include the following-- 4
(a) copies of all ministerial directions given to the board under 5
section 36 during the financial year; 6
(b) the number of registrants at the end of the financial year; 7
(c) details of the amount of the board's funds spent, in the financial 8
year, on investigations and inspections under part 5;4 9
(d) details of the amount of the board's funds spent, in the financial 10
year, on developing or adopting training programs in the practice 11
of the profession that are relevant to a person's eligibility for 12
registration; 13
(e) details of the amount of the board's funds spent in the financial 14
year on research, relevant to the legislative scheme, into the 15
regulation of the profession; 16
(f) details of any policies or programs developed, or initiatives 17
taken, by the board in the financial year for the general benefit of 18
users of registrants' services. 19
(2) However, the board must exclude from the copies mentioned in 20
subsection (1)(a) all information likely to identify a person mentioned in 21
the direction. 22
Division 8--Other provisions about the board 23
38 Board is statutory body under the Financial Administration and 24
Audit Act 1977 25
The board is a statutory body under the Financial Administration and 26
Audit Act 1977. 27
4 Part 5 (Investigation and enforcement)
s 39 32 s 42
Dental Practitioners Registration Bill 2001
39 Board is statutory body under the Statutory Bodies Financial 1
Arrangements Act 1982 2
(1) The board is a statutory body under the Statutory Bodies Financial 3
Arrangements Act 1982. 4
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 5
sets out the way in which the board's powers under this Act are affected by 6
the Statutory Bodies Financial Arrangements Act 1982. 7
40 Board's common seal 8
The board's common seal is to be kept in the custody of a person 9
nominated by the board and may be used only as authorised by the board. 10
PART 3--REGISTRATION 11
Division 1--Preliminary 12
41 Who may apply for registration 13
Only an individual may apply for registration. 14
Division 2--Applications for general registration 15
Subdivision 1--Applications 16
42 Procedural requirements for applications 17
(1) An application for general registration must-- 18
(a) be made to the board; and 19
(b) be in the approved form; and 20
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
s 43 33 s 44
Dental Practitioners Registration Bill 2001
(c) be accompanied by-- 1
(i) satisfactory evidence of relevant qualifications; and 2
(ii) the application fee prescribed under a regulation (the 3
"application fee"); and 4
(iii) the registration fee prescribed under a regulation (the 5
"registration fee"); and 6
(iv) any other documents, identified in the approved form, the 7
board reasonably requires; and 8
(v) if the applicant is registered under a corresponding law, 9
written details of any conditions of the registration. 10
(2) Information in the application must, if the approved form requires, be 11
verified by a statutory declaration. 12
Subdivision 2--Eligibility for general registration 13
43 Eligibility 14
(1) An applicant for general registration is eligible for general 15
registration if-- 16
(a) the applicant is qualified for general registration under section 17
44; and 18
(b) the applicant is fit to practise the profession. 19
(2) Without limiting subsection (1), the board may be satisfied the 20
applicant is eligible for general registration by imposing conditions on the 21
registration under section 57.6 22
44 When applicant is qualified for general registration 23
(1) An applicant for general registration is qualified for general 24
registration if-- 25
(a) the applicant has a qualification prescribed under a regulation; or 26
6 Section 57 (Imposition of conditions by board)
s 45 34 s 45
Dental Practitioners Registration Bill 2001
(b) the applicant has a qualification that is substantially equivalent 1
to, or based on similar competencies to that required for, a 2
current Australian or New Zealand qualification; or 3
(c) the applicant has passed a qualifying examination in the 4
profession set by or for, or recognised by, the board. 5
(2) In deciding whether subsection (1)(b) is satisfied, the board may 6
have regard to the following-- 7
(a) the advice and recommendations of-- 8
(i) an entity recognised by the board as competent to assess 9
qualifications in the profession; or 10
(ii) an entity responsible for accrediting courses, or accrediting 11
institutions to educate persons, for the profession; 12
(b) the attributes of the course leading to the applicant's 13
qualification; 14
15
Example of `attributes' of a course--
16
The course objectives and competencies.
(c) any other relevant issue. 17
(3) In this section-- 18
"current Australian or New Zealand qualification" means an Australian 19
or New Zealand qualification, mentioned in a regulation made under 20
subsection (1)(a), that may be conferred or awarded as a result of the 21
successful completion of a course offered, at the date of the 22
applicant's application for general registration, by the educational 23
institution mentioned in relation to the qualification. 24
45 Fitness to practise the profession 25
(1) In deciding whether an applicant for general registration is fit to 26
practise the profession, the board may have regard to the following-- 27
(a) the applicant's mental and physical health; 28
(b) the applicant's command of the English language; 29
(c) whether the applicant has been convicted of an indictable 30
offence; 31
s 45 35 s 45
Dental Practitioners Registration Bill 2001
(d) whether the applicant has been convicted of an offence against 1
the repealed Act, this Act, the Health Practitioners (Professional 2
Standards) Act 1999 or a corresponding law; 3
(e) whether the applicant has been convicted of an offence, relating 4
to the practice of the profession, against a law applying, or that 5
applied, in the State, the Commonwealth, another State or a 6
foreign country (other than laws mentioned in paragraph (d)), 7
including, for example an offence of that type against-- 8
(i) the Health Act 1937; or 9
(ii) the Fair Trading Act 1989; 10
(f) 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 14
condition 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 18
it being affected; 19
(g) if the qualification relied on by the applicant to obtain 20
registration was conferred or awarded on a day (the 21
"qualification day") that is more than 3 years before the date of 22
application, the nature, extent and period of any practice of the 23
profession by the applicant since the qualification day; 24
(h) any other issue relevant to the applicant's ability to competently 25
and safely practise the profession. 26
(2) In subsection (1)(c), (d) or (e), mention of a conviction does not 27
include a conviction that is not part of the applicant's criminal history. 28
(3) For subsection (1)(g)-- 29
(a) the passing of an examination mentioned in section 44(1)(c) is 30
taken to be a qualification; and 31
(b) the day the examination was passed is taken to be the 32
qualification day. 33
(4) The board may ask the commissioner of the police service for a 34
written report about an applicant's criminal history. 35
s 46 36 s 46
Dental Practitioners Registration Bill 2001
(5) If asked by the board, the commissioner of the police service must 1
give the board a written report about the criminal history of the applicant, 2
including the criminal history in the commissioner's possession or to 3
which the commissioner has access. 4
(6) In this section-- 5
"criminal history", of an applicant, means the applicant's criminal history 6
as defined under the Criminal Law (Rehabilitation of Offenders) Act 7
1986, other than convictions for which the rehabilitation period has 8
expired, and not been revived, under that Act. 9
Subdivision 3--Inquiries into applications 10
46 Board's powers before deciding applications 11
(1) Before deciding the application, the board-- 12
(a) may investigate the applicant; and 13
(b) may, by notice given to the applicant, require the applicant to 14
give the board, within a reasonable time of at least 30 days stated 15
in the notice, further information or a document the board 16
reasonably requires to decide the application; and 17
(c) may, by notice given to the applicant, require the applicant to 18
undergo a written, oral or practical examination within a 19
reasonable time of at least 30 days stated in the notice, and at a 20
reasonable place; and 21
(d) may, by notice given to the applicant, require the applicant to 22
undergo a health assessment within a reasonable time of at least 23
30 days stated in the notice, and at a reasonable place. 24
(2) The board may require the information or document mentioned in 25
subsection (1)(b) to be verified by a statutory declaration. 26
(3) The purpose of an examination under subsection (1)(c) must be to 27
assess the applicant's ability to competently and safely practise the 28
profession. 29
(4) The purpose of an assessment under subsection (1)(d) must be to 30
assess the applicant's mental and physical capacity to competently and 31
safely practise the profession. 32
s 47 37 s 47
Dental Practitioners Registration Bill 2001
(5) The applicant is taken to have withdrawn the application if, within 1
the stated time, the applicant-- 2
(a) does not comply with a requirement under subsection (1)(b); or 3
(b) does not undergo an examination under subsection (1)(c); or 4
(c) does not undergo an assessment under subsection (1)(d). 5
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 6
applicant within 60 days after the board receives the application. 7
(7) Also, a notice under subsection (1)(d) must state-- 8
(a) the reason for the assessment; and 9
(b) the name and qualifications of the person appointed by the board 10
to conduct the assessment; and 11
(c) the place where, and the day and time at which, the assessment is 12
to be conducted. 13
47 Appointment of appropriately qualified person to conduct health 14
assessment 15
(1) This section applies if the board believes it is necessary for the 16
applicant to undergo a health assessment under section 46(1)(d). 17
(2) The board may appoint 1 or more appropriately qualified persons to 18
conduct the assessment, in whole or part. 19
(3) At least 1 of the persons appointed to conduct the assessment must be 20
a medical practitioner. 21
(4) Before appointing a person to conduct a health assessment, the board 22
must be satisfied the person does not have a personal or professional 23
connection with the applicant that may prejudice the way in which the 24
person conducts the assessment. 25
(5) In this section-- 26
"appropriately qualified", for a medical practitioner or other person 27
conducting a health assessment, includes having the qualifications, 28
experience, skills or knowledge appropriate to conduct the 29
assessment. 30
s 48 38 s 49
Dental Practitioners Registration Bill 2001
48 Report about health assessment 1
(1) A person appointed under section 47 to conduct all or part of a health 2
assessment of the applicant must prepare a report about the assessment (an 3
"assessment report"). 4
(2) The assessment report must include-- 5
(a) the person's findings as to the applicant's mental and physical 6
capacity to competently and safely practise the profession; and 7
(b) if the person finds the applicant does not have the mental and 8
physical capacity to practise the profession, the person's 9
recommendations as to any conditions that could be imposed on 10
the applicant's registration as a general registrant to overcome 11
the incapacity. 12
(3) The person must give the assessment report to the board. 13
49 Use of assessment report 14
(1) An assessment report is not admissible in any proceedings, other 15
than stated proceedings. 16
(2) A person can not be compelled to produce the report, or to give 17
evidence relating to the report or its contents, in any proceedings, other 18
than stated proceedings. 19
(3) Subsections (1) and (2) do not apply if the report is admitted or 20
produced, or evidence relating to the report or its contents is given, with the 21
consent of the person who prepared the report and the person to whom the 22
report relates. 23
(4) In this section-- 24
"assessment report" includes a copy of the report, or a part of the report 25
or copy. 26
"proceedings under the Health Practitioners (Professional Standards) 27
Act 1999" includes a health assessment of a registrant by a health 28
assessment committee under that Act. 29
"stated proceedings" means-- 30
(a) a review of conditions under division 7;7 or 31
7 Division 7 (Reviewing conditions of general registrations)
s 50 39 s 53
Dental Practitioners Registration Bill 2001
(b) an appeal started under part 6;8 or 1
(c) proceedings under the Health Practitioners (Professional 2
Standards) Act 1999, not including proceedings for an offence 3
against that Act. 4
50 Payment for health assessments and reports 5
A person who conducts a health assessment and prepares an assessment 6
report for the board is entitled to be paid for his or her work by the board. 7
Subdivision 4--Decision on applications 8
51 Decision 9
The board must consider the application and decide to register, or refuse 10
to register, the applicant as a general registrant. 11
52 Steps to be taken after application decided 12
(1) If the board decides to register the applicant as a general registrant, it 13
must as soon as practicable issue a certificate of general registration to the 14
applicant. 15
(2) If the board decides to refuse to register the applicant as a general 16
registrant, it must as soon as practicable give the applicant an information 17
notice about the decision. 18
53 Failure to decide applications 19
(1) Subject to subsections (2) and (3), if the board fails to decide the 20
application within 60 days after its receipt, the failure is taken to be a 21
decision by the board to refuse to register the applicant as a general 22
registrant. 23
(2) Subsection (3) applies if the board has-- 24
(a) under section 46(1)(b),9 required the applicant to give the board 25
further information or a document; or 26
8 Part 6 (Appeals)
9 Section 46 (Board's powers before deciding applications)
s 54 40 s 54
Dental Practitioners Registration Bill 2001
(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
54 Further consideration of applications 17
(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 19
matters 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 41 s 54
Dental Practitioners Registration Bill 2001
(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 42 s 57
Dental Practitioners Registration Bill 2001
Subdivision 5--Information in certificates of general registration 1
55 Forms of certificates of general registration 2
(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
Subdivision 6--Period of general registration 8
56 Period 9
(1) The period of registration that is to apply to general registrants is the 10
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
57 Imposition of conditions by board 19
(1) The board may decide to register an applicant for general registration 20
as a general registrant on conditions the board considers necessary or 21
desirable for the applicant to competently and safely practise the 22
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.
27
2. A condition prohibiting a general registrant engaging in stated procedures related
28
to the practice of the profession.
s 58 43 s 59
Dental Practitioners Registration Bill 2001
(2) If the board decides to register an applicant for general registration as 1
a general registrant on conditions, it must as soon as practicable-- 2
(a) also decide the review period applying to the conditions;12 and 3
(b) give the applicant an information notice about the decisions. 4
(3) If the board decides to register an applicant for general registration as 5
a general registrant on conditions because of the applicant's mental and 6
physical health, it must also decide whether details of the conditions must 7
be recorded in the register for the period for which the conditions are in 8
force. 9
(4) The board must decide not to record details of the conditions 10
mentioned in subsection (3) in the register unless it reasonably believes it is 11
in the interests of users of the registrant's services or the public to know the 12
details. 13
58 Contravention of conditions 14
A general registrant must not contravene a condition of the registration 15
imposed under this Act. 16
Maximum penalty--100 penalty units. 17
Division 3--Provisional general registration 18
59 Meaning of "authorised person" for div 3 19
(1) In this division-- 20
"authorised person" means any of the following persons who are 21
authorised by the board to decide to register a person as a provisional 22
general registrant-- 23
(a) the executive officer; 24
(b) a member; 25
(c) a member of the office's staff. 26
(2) An authority mentioned in subsection (1) may be limited by 27
reference to specified conditions, exceptions or factors. 28
12 The conditions may be reviewed under division 7 (Reviewing conditions of general
registrations).
s 60 44 s 61
Dental Practitioners Registration Bill 2001
60 Provisional general registration of a person 1
(1) Subsection (2) applies if an authorised person reasonably 2
considers-- 3
(a) an applicant for general registration is eligible for the registration 4
without conditions; and 5
(b) because of the period before the board is likely to consider the 6
application in the ordinary course of its business, it is not 7
reasonable for the applicant to have to wait for the board to 8
consider the application. 9
(2) The authorised person may decide to register the applicant as a 10
provisional general registrant. 11
(3) Subsection (4) applies if an authorised person or the board-- 12
(a) reasonably considers, subject to an applicant for general 13
registration giving the board further evidence of the applicant's 14
relevant qualification, the applicant is eligible for the registration 15
without conditions; or 16
(b) reasonably considers-- 17
(i) an applicant for general registration would be eligible for 18
general registration without conditions, other than for the 19
fact that the relevant qualification relied on by the applicant 20
has not been conferred on, or awarded to, the applicant; and 21
(ii) the applicant is entitled to have the relevant qualification 22
conferred on, or awarded to, him or her. 23
(4) The authorised person or board may decide to register the applicant 24
as a provisional general registrant. 25
(5) If the authorised person or board decides to register the applicant as a 26
provisional general registrant, the authorised person or board must as soon 27
as practicable issue a certificate of provisional general registration to the 28
applicant. 29
(6) An authorised person or the board may not decide to register a person 30
as a provisional general registrant on conditions. 31
61 Confirmation or cancellation of provisional general registration 32
(1) If an authorised person decides to register an applicant for general 33
registration as a provisional general registrant, the authorised person must 34
s 62 45 s 63
Dental Practitioners Registration Bill 2001
as soon as practicable report to the board about the basis for the authorised 1
person's decision. 2
(2) The board must consider the report and decide whether to confirm or 3
cancel the provisional general registration. 4
(3) In making its decision, the board must consider whether the 5
authorised person should have decided to register the applicant as a 6
provisional general registrant. 7
(4) If the board decides to cancel the provisional general registration, it 8
must as soon as practicable give the applicant notice of its decision. 9
62 Procedure after cancellation of provisional general registration 10
(1) This section applies if the board decides, under section 61, to cancel 11
a person's provisional general registration. 12
(2) The notice of cancellation must include the reason for the decision. 13
(3) The decision takes effect on the day the notice is given to the person. 14
(4) The person must return the certificate of provisional general 15
registration to the board within 14 days after receiving the notice, unless 16
the person has a reasonable excuse. 17
Maximum penalty--10 penalty units. 18
(5) Even though the board decides to cancel a person's provisional 19
general registration, it must still consider the person's application for 20
general registration. 21
63 Form of certificate of provisional general registration 22
(1) A certificate of provisional general registration must be in the 23
approved form. 24
(2) The approved form must provide for the inclusion of the following-- 25
(a) the registrant's name; 26
(b) the period of the registration. 27
s 64 46 s 66
Dental Practitioners Registration Bill 2001
64 Period 1
The provisional general registration of a person remains in force for the 2
period, not more than 6 months, decided by the authorised person or board 3
when deciding to register the person as a provisional general registrant. 4
65 Board decides to register provisional general registrant as a 5
general registrant 6
(1) This section applies if-- 7
(a) a person is a provisional general registrant; and 8
(b) the board decides to register the person as a general registrant. 9
(2) The provisional general registration is cancelled when the person 10
receives a certificate of general registration under section 52(1).13 11
(3) The general registration is taken to have started from the day the 12
person was registered as a provisional general registrant. 13
66 Board decides to refuse to register provisional general registrant 14
as a general registrant 15
(1) This section applies if-- 16
(a) a person is a provisional general registrant; and 17
(b) the board decides to refuse to register the person as a general 18
registrant. 19
(2) The provisional general registration is cancelled when an 20
information notice about the decision is given to the person under section 21
52(2). 22
(3) The person must return the certificate of provisional general 23
registration to the board within 14 days after receiving the information 24
notice, unless the person has a reasonable excuse. 25
Maximum penalty for subsection (3)--10 penalty units. 26
13 Section 52 (Steps to be taken after application decided)
s 67 47 s 68
Dental Practitioners Registration Bill 2001
67 Deemed refusal by board to register provisional general registrant 1
as a general registrant 2
(1) This section applies if-- 3
(a) a person is a provisional general registrant; and 4
(b) other than for section 53(4) or 54(5),14 the board would have been 5
taken to have decided to refuse to register the person as a general 6
registrant. 7
(2) The board is taken to have decided to refuse to register the person as 8
a general registrant on the expiry of the provisional general registration. 9
Division 4--Renewal of general registrations 10
Subdivision 1--Preliminary 11
68 Meaning of "recency of practice requirements" 12
(1) "Recency of practice requirements" are requirements, prescribed 13
under a regulation, that if satisfied demonstrate that an applicant for 14
renewal of a general registration has maintained an adequate connection 15
with the profession. 16
(2) The requirements may include requirements about the following-- 17
(a) the nature, extent and period of practice of the profession by the 18
applicant; 19
(b) the nature and extent of any continuing professional education 20
undertaken by the applicant; 21
(c) the nature and extent of any research, study or teaching, relating 22
to the profession, undertaken by the applicant; 23
(d) the nature and extent of any administrative work, relating to the 24
profession, performed by the applicant. 25
14 Section 53 (Failure to decide applications) or 54 (Further consideration of
applications)
s 69 48 s 70
Dental Practitioners Registration Bill 2001
Subdivision 2--Applications for renewal of general registrations 1
69 Notification of imminent expiry of registration 2
The board must give a general registrant notice of the imminent expiry 3
of the registration at least 60 days before the expiry. 4
70 Procedural requirements for applications 5
(1) A general registrant may apply to the board for the renewal of the 6
registration. 7
(2) The application must be made within the period-- 8
(a) starting-- 9
(i) 60 days before the expiry of the registration; or 10
(ii) on an earlier day, if any, stated in the notice given to the 11
registrant under section 69; and 12
(b) ending immediately before the expiry. 13
(3) The application must-- 14
(a) be in the approved form; and 15
(b) be accompanied by-- 16
(i) the registration fee; and 17
(ii) any documents, identified in the approved form, the board 18
reasonably requires to decide the application. 19
(4) Information in the application must, if the approved form requires, be 20
verified by a statutory declaration. 21
(5) The approved form must require the applicant to state the 22
following-- 23
(a) whether the applicant suffers from any ongoing medical 24
condition, of which the applicant is aware, that the applicant 25
knows or ought reasonably to know adversely affects the 26
s 71 49 s 72
Dental Practitioners Registration Bill 2001
applicant's ability to competently and safely practise the 1
profession;15 2
(b) if there are recency of practice requirements relevant to the 3
applicant, details of the extent to which the applicant has satisfied 4
the requirements. 5
71 General registration taken to be in force while application is 6
considered 7
(1) If an application is made under section 70, the applicant's general 8
registration is taken to continue in force from the day it would, apart from 9
this section, have expired until-- 10
(a) if the board decides to renew the applicant's general 11
registration--the day a new certificate of general registration is 12
issued to the applicant under section 75(1); or 13
(b) if the board decides to refuse to renew the applicant's general 14
registration--the day an information notice about the decision is 15
given to the applicant under section 75(2); or 16
(c) if the application is taken to have been withdrawn under 17
section 72(4)--the day it is taken to have been withdrawn. 18
(2) Subsection (1) does not apply if the registration is earlier cancelled 19
under this Act or suspended or cancelled under the Health Practitioners 20
(Professional Standards) Act 1999. 21
Subdivision 3--Decision on applications 22
72 Inquiries into applications 23
(1) Before deciding the application, the board-- 24
(a) may investigate the applicant; and 25
(b) may, by notice given to the applicant, require the applicant to 26
give the board, within a reasonable time of at least 30 days stated 27
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 50 s 74
Dental Practitioners Registration Bill 2001
in the notice, further information or a document the board 1
reasonably requires to decide the application; and 2
(c) may, if the board is not satisfied the applicant has satisfied 3
recency of practice requirements, by notice given to the 4
applicant, require the applicant to undergo a written, oral or 5
practical examination within a reasonable time of at least 30 days 6
stated in the notice, and at a reasonable place. 7
(2) The board may require the information or document mentioned in 8
subsection (1)(b) to be verified by a statutory declaration. 9
(3) The purpose of an examination under subsection (1)(c) must be to 10
assess any effect the applicant's non-satisfaction of the requirements has 11
on the applicant's ability to competently and safely practise the profession. 12
(4) The applicant is taken to have withdrawn the application if, within 13
the stated time, the applicant-- 14
(a) does not comply with a requirement under subsection (1)(b); or 15
(b) does not undergo an examination under subsection (1)(c). 16
73 Decision 17
(1) The board must consider the application and decide to renew, or 18
refuse to renew, the applicant's general registration. 19
(2) In making its decision, the board must have regard only to the extent, 20
if any, to which the applicant has satisfied recency of practice 21
requirements.16 22
(3) If there are no recency of practice requirements relevant to the 23
applicant, the board must decide to renew the applicant's general 24
registration. 25
74 Recency of practice requirements are not satisfied 26
(1) This section applies if the board is not satisfied the applicant has 27
satisfied recency of practice requirements. 28
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 75 51 s 75
Dental Practitioners Registration Bill 2001
(2) The board may decide to renew the applicant's general registration 1
on conditions ("recency of practice conditions") the board considers will 2
sufficiently address the extent to which the applicant has not satisfied the 3
requirements. 4
(3) Before deciding to renew the registration on recency of practice 5
conditions, the board must-- 6
(a) give notice to the applicant-- 7
(i) of the details of the proposed conditions; and 8
(ii) of the reason for the proposed imposition of the conditions; 9
and 10
(iii) that the applicant may make a written submission to the 11
board about the proposed conditions within a reasonable 12
time of at least 14 days stated in the notice; and 13
(b) have regard to any written submission made to the board by the 14
applicant before the stated day. 15
(4) If the board decides to renew the registration on recency of practice 16
conditions, it must as soon as practicable-- 17
(a) also decide the review period applying to the conditions;17 and 18
(b) give the applicant an information notice about the decisions. 19
(5) The imposition of the conditions takes effect on the later of the 20
following-- 21
(a) when the information notice is given to the applicant; 22
(b) immediately after the day the registration would have expired, 23
other than for its renewal. 24
75 Steps to be taken after application decided 25
(1) If the board decides to renew the applicant's general registration, it 26
must as soon as practicable issue a new certificate of general registration to 27
the applicant. 28
17 The conditions may be reviewed under division 7 (Reviewing conditions of general
registrations).
s 76 52 s 78
Dental Practitioners Registration Bill 2001
(2) If the board decides to refuse to renew the applicant's general 1
registration, it must as soon as practicable give the applicant an information 2
notice about the decision. 3
(3) Without affecting section 74(2), if the board decides to renew the 4
applicant's general registration, the renewed general registration is subject 5
to the conditions attaching to the registration immediately before the 6
decision takes effect.18 7
Division 5--Restoration of general registrations 8
76 Application of div 4, sdivs 1 and 3 9
For restoring a general registration, division 4, subdivisions 1 and 3, 10
other than sections 74(5) and 75(3),19 apply as if-- 11
(a) an application for renewal of a general registration were an 12
application for restoration of a general registration; and 13
(b) an applicant for renewal of a general registration were an 14
applicant for restoration of a general registration; and 15
(c) a renewal of a general registration were a restoration of a general 16
registration. 17
77 When an application for restoration of a general registration may 18
be made 19
If a person's general registration has expired, the person may apply to 20
the board for restoration of the registration within 3 months after the 21
expiry. 22
78 Procedural requirements for applications 23
(1) The application must-- 24
(a) be in the approved form; and 25
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 79 53 s 80
Dental Practitioners Registration Bill 2001
(b) be accompanied by-- 1
(i) the restoration fee prescribed under a regulation (the 2
"restoration fee"); and 3
(ii) any documents, identified in the approved form, the board 4
reasonably requires to decide the application. 5
(2) Information in the application must, if the approved form requires, be 6
verified by a statutory declaration. 7
(3) The approved form must require the applicant to state the 8
following-- 9
(a) whether the applicant suffers from any ongoing medical 10
condition, of which the applicant is aware, that the applicant 11
knows or ought reasonably to know adversely affects the 12
applicant's ability to competently and safely practise the 13
profession;20 14
(b) if there are recency of practice requirements relevant to the 15
applicant, details of the extent to which the applicant has satisfied 16
the requirements. 17
79 Period of restored registration 18
If the board decides to restore the applicant's general registration during 19
a general registration period, the registration remains in force for the 20
period-- 21
(a) commencing on the day when the board makes the decision; and 22
(b) ending on the last day of the general registration period. 23
80 Conditions of expired registration 24
Without affecting section 74(2), as applied by section 76, if the board 25
decides to restore the applicant's general registration, the registration is 26
subject to the conditions attaching to the registration immediately before its 27
expiry. 28
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 81 54 s 84
Dental Practitioners Registration Bill 2001
81 When recency of practice conditions take effect 1
If the board decides to restore the applicant's general registration on 2
recency of practice conditions, the imposition of the conditions takes effect 3
when the information notice about the decision is given by the board to the 4
applicant. 5
Division 6--Cancellation of general registrations 6
82 Ground for cancellation 7
A person's general registration may be cancelled, under this division, on 8
the ground that the person was registered because of a materially false or 9
misleading representation or declaration. 10
83 Show cause notice 11
(1) If the board believes the ground exists to cancel a general 12
registration, the board must before taking action to cancel the registration 13
give the registrant a notice (a "show cause notice"). 14
(2) The show cause notice must-- 15
(a) state the board proposes to cancel the registration; and 16
(b) state the ground for the proposed cancellation; and 17
(c) outline the facts and circumstances forming the basis for the 18
ground; and 19
(d) invite the registrant to show within a stated period (the "show 20
cause period") why the registration should not be cancelled. 21
(3) The show cause period must be a period ending not less than 21 days 22
after the show cause notice is given to the registrant. 23
84 Representations about show cause notices 24
(1) The registrant may make written representations about the show 25
cause notice to the board in the show cause period. 26
(2) The board must consider all written representations (the "accepted 27
representations") made under subsection (1). 28
s 85 55 s 87
Dental Practitioners Registration Bill 2001
85 Ending show cause process without further action 1
(1) This section applies if, after considering the accepted representations 2
for the show cause notice, the board no longer believes the ground exists to 3
cancel the registration. 4
(2) The board must not take any further action about the show cause 5
notice. 6
(3) The board must also as soon as practicable after coming to the belief 7
give notice to the registrant that no further action is to be taken about the 8
show cause notice. 9
86 Cancellation 10
(1) This section applies if, after considering the accepted representations 11
for the show cause notice, the board-- 12
(a) still believes the ground exists to cancel the registration; and 13
(b) believes cancellation of the registration is warranted. 14
(2) This section also applies if there are no accepted representations for 15
the show cause notice. 16
(3) The board may decide to cancel the registration. 17
(4) If the board decides to cancel the registration, it must as soon as 18
practicable give the registrant an information notice about the decision. 19
(5) The decision takes effect on the day the information notice is given 20
to the registrant. 21
87 Return of cancelled certificate of general registration to board 22
(1) This section applies if the board decides to cancel a general 23
registration and gives an information notice for the decision to the 24
registrant. 25
(2) The registrant must return the certificate of general registration to the 26
board within 14 days after receiving the information notice, unless the 27
registrant has a reasonable excuse. 28
Maximum penalty for subsection (2)--10 penalty units. 29
s 88 56 s 90
Dental Practitioners Registration Bill 2001
Division 7--Reviewing conditions of general registrations 1
Subdivision 1--Review of conditions imposed by the board or District 2
Court 3
88 Review of conditions 4
Conditions imposed on a general registration under this Act may be 5
reviewed under this division. 6
89 How registrant may start a review 7
(1) The registrant to whom the conditions relate may apply to the board 8
for a review of the conditions. 9
(2) However, the application must not be made-- 10
(a) during the review period applying to the conditions; or 11
(b) while an appeal to the District Court about the decision to impose 12
the conditions is pending. 13
(3) The application must-- 14
(a) be in the approved form; and 15
(b) be accompanied by the fee prescribed under a regulation. 16
(4) The approved form must require the registrant to state-- 17
(a) that the registrant believes the conditions are no longer 18
appropriate; and 19
(b) the reason for the registrant's belief. 20
(5) The board must consider the application and make a decision under 21
section 94. 22
90 Review of conditions during review period 23
(1) This section applies if, during the review period applying to the 24
conditions, the board reasonably believes the conditions may no longer be 25
appropriate. 26
(2) The board may, with the written agreement of the registrant to whom 27
the conditions relate, review the conditions. 28
s 91 57 s 92
Dental Practitioners Registration Bill 2001
91 Board's powers before making decision 1
(1) Before making its decision under section 94, the board-- 2
(a) may investigate the registrant; and 3
(b) may, by notice given to the registrant, require the registrant to 4
give the board, within a reasonable time of at least 30 days stated 5
in the notice, further information or a document the board 6
reasonably requires to make the decision; and 7
(c) may, by notice given to the registrant, require the registrant to 8
undergo a written, oral or practical examination within a 9
reasonable time of at least 30 days stated in the notice, and at a 10
reasonable place; and 11
(d) may, by notice given to the registrant, require the registrant to 12
undergo a health assessment within a reasonable time of at least 13
30 days stated in the notice, and at a reasonable place. 14
(2) The board may require the information or document mentioned in 15
subsection (1)(b) to be verified by a statutory declaration. 16
(3) Subject to section 94(2), the purpose of an examination under 17
subsection (1)(c) must be to assess the registrant's ability to competently 18
and safely practise the profession. 19
(4) Subject to section 94(2), the purpose of an assessment under 20
subsection (1)(d) must be to assess the registrant's mental and physical 21
capacity to competently and safely practise the profession. 22
(5) Also, a notice under subsection (1)(d) must state-- 23
(a) the reason for the assessment; and 24
(b) the name and qualifications of the person appointed by the board 25
to conduct the assessment; and 26
(c) the place where, and the day and time at which, the assessment is 27
to be conducted. 28
92 Application of ss 4750 29
(1) This section applies if the board believes it is necessary for the 30
registrant to undergo a health assessment under section 91(1)(d). 31
s 93 58 s 94
Dental Practitioners Registration Bill 2001
(2) Sections 47 to 5021 apply as if-- 1
(a) an applicant for general registration were the registrant; and 2
(b) the reference in section 47(1) to section 46(1)(d) were a 3
reference to section 91(1)(d). 4
93 Deemed withdrawal of application etc. 5
(1) Subsections (2) and (3) apply if the conditions are being reviewed 6
because of an application made by the registrant under section 89. 7
(2) The registrant is taken to have withdrawn the application if, within 8
the stated time, the registrant-- 9
(a) does not comply with a requirement under section 91(1)(b); or 10
(b) does not undergo an examination under section 91(1)(c); or 11
(c) does not undergo an assessment under section 91(1)(d). 12
(3) A notice under section 91(1)(b), (c) or (d) must be given to the 13
registrant within 60 days after the board receives the application. 14
(4) Subsections (5) and (6) apply if the conditions are being reviewed 15
under section 90. 16
(5) The board is taken to have decided to confirm the conditions if, 17
within the stated time, the registrant-- 18
(a) does not comply with a requirement under section 91(1)(b); or 19
(b) does not undergo an examination under section 91(1)(c); or 20
(c) does not undergo an assessment under section 91(1)(d). 21
(6) A notice under section 91(1)(b), (c) or (d) must be given to the 22
registrant within 60 days after the board agrees with the registrant to 23
review the conditions. 24
94 Decision 25
(1) After reviewing the conditions, the board must decide-- 26
(a) to confirm the conditions; or 27
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 95 59 s 95
Dental Practitioners Registration Bill 2001
(b) to remove the conditions; or 1
(c) to change the conditions. 2
(2) In making its decision, the board must consider whether the 3
conditions remain necessary or desirable for the registrant to competently 4
and safely practise the profession. 5
(3) If the board decides to confirm or change the conditions, the 6
conditions may only be confirmed or changed for the reasons the 7
conditions were initially imposed. 8
(4) If the board decides to confirm or change the conditions, it must as 9
soon as practicable-- 10
(a) also decide the review period applying to the confirmed or 11
changed conditions; and 12
(b) give the registrant an information notice about the decisions. 13
(5) If the board decides to remove the conditions, it must as soon as 14
practicable give the registrant notice of the decision. 15
95 When decision takes effect 16
(1) If the board decides to confirm the conditions, the decision takes 17
effect when it is made. 18
(2) If the board decides to change the conditions, the change takes effect 19
when an information notice about the decision is given to the registrant 20
under section 94(4)(b) and does not depend on the certificate of general 21
registration being amended to record the change or a replacement 22
certificate of general registration being issued. 23
(3) If the board decides to remove the conditions, the removal takes 24
effect when notice of the decision is given to the registrant under 25
section 94(5) and does not depend on the certificate of general registration 26
being amended to record the removal or a replacement certificate of 27
general registration being issued. 28
s 96 60 s 97
Dental Practitioners Registration Bill 2001
96 Failure by board to make decision on application 1
(1) Subject to subsections (2) and (3), if the board fails to decide an 2
application under section 8922 within 60 days after its receipt, the failure is 3
taken to be a decision by the board to remove the conditions. 4
(2) Subsection (3) applies if the board has-- 5
(a) under section 91(1)(b),23 required the applicant to give the board 6
further information or a document; or 7
(b) under section 91(1)(c), required the applicant to undergo an 8
examination; or 9
(c) under section 91(1)(d), required the applicant to undergo a health 10
assessment. 11
(3) The board is taken to have decided to remove the conditions if the 12
board fails to decide the application by the latest of the following days-- 13
(a) the day that is 60 days after the board receives the further 14
information or document; 15
(b) the day that is 60 days after the board receives the results of the 16
examination; 17
(c) the day that is 60 days after the board receives the assessment 18
report. 19
(4) The removal of the conditions under subsection (1) or (3) does not 20
depend on the certificate of general registration being amended to record 21
the removal or a replacement certificate of general registration being 22
issued. 23
97 Failure by board to make decision on review agreed to under s 90 24
(1) Subject to subsections (2) and (3), if the board fails to make a 25
decision on a review agreed to under section 9024 within 60 days after the 26
agreement, the failure is taken to be a decision by the board to remove the 27
conditions. 28
(2) Subsection (3) applies if the board has-- 29
22 Section 89 (How registrant may start a review)
23 Section 91 (Board's powers before making decision)
24 Section 90 (Review of conditions during review period)
s 98 61 s 99
Dental Practitioners Registration Bill 2001
(a) under section 91(1)(b), required the registrant to give the board 1
further information or a document; or 2
(b) under section 91(1)(c), required the registrant to undergo an 3
examination; or 4
(c) under section 91(1)(d), required the registrant to undergo a health 5
assessment. 6
(3) The board is taken to have decided to remove the conditions if the 7
board fails to make a decision on the review by the latest of the following 8
days-- 9
(a) the day that is 60 days after the board receives the further 10
information or document; 11
(b) the day that is 60 days after the board receives the results of the 12
examination; 13
(c) the day that is 60 days after the board receives the assessment 14
report. 15
(4) The removal of the conditions under subsection (1) or (3) does not 16
depend on the certificate of general registration being amended to record 17
the removal or a replacement certificate of general registration being 18
issued. 19
98 Further decision required if certain conditions changed 20
(1) This section applies if the conditions were imposed because of the 21
registrant's mental and physical health. 22
(2) If the board decides to change the conditions, it must also decide 23
whether details of the changed conditions must be recorded in the register 24
for the period for which the conditions are in force. 25
(3) The board must decide not to record details of the changed 26
conditions in the register unless it reasonably believes it is in the interests 27
of users of the registrant's services or the public to know the details. 28
Subdivision 2--Recording change, or removal, of conditions 29
99 Amendment of, or replacing, certificates of general registration 30
(1) This section applies if-- 31
s 100 62 s 100
Dental Practitioners Registration Bill 2001
(a) a general registrant receives an information notice, under 1
section 94(4)(b), about decisions relating to a change of the 2
conditions of the registration; or 3
(b) a general registrant receives a notice, under section 94(5), about a 4
decision to remove the conditions of the registration; or 5
(c) the board is taken, under section 96 or 97, to have decided to 6
remove the conditions of a general registration. 7
(2) The registrant must return the certificate of general registration to the 8
board-- 9
(a) if subsection (1)(a) or (b) applies--within 14 days after receiving 10
the notice, unless the registrant has a reasonable excuse; or 11
(b) if subsection (1)(c) applies--within 14 days after the day the 12
registrant actually becomes aware of the removal. 13
Maximum penalty--10 penalty units. 14
(3) On receiving the certificate, the board must-- 15
(a) amend the certificate in an appropriate way and return the 16
amended certificate to the registrant; or 17
(b) if the board does not consider it practicable to amend the 18
certificate, issue another certificate of general registration to the 19
registrant to replace the certificate returned to the board. 20
Division 8--Specialist registration 21
Subdivision 1--Applications 22
100 Procedural requirements for applications 23
(1) An application for specialist registration must-- 24
(a) be made to the board; and 25
(b) be in the approved form; and 26
(c) be accompanied by-- 27
(i) satisfactory evidence of relevant qualifications; and 28
(ii) the application fee prescribed under a regulation (the 29
"specialist application fee"); and 30
s 101 63 s 102
Dental Practitioners Registration Bill 2001
(iii) the registration fee prescribed under a regulation (the 1
"specialist registration fee"); and 2
(iv) any other documents, identified in the approved form, the 3
board reasonably requires; and 4
(v) if the applicant is registered under a corresponding law, 5
written details of any conditions attaching to the 6
registration. 7
(2) Information in the application must, if the approved form requires, be 8
verified by a statutory declaration. 9
Subdivision 2--Eligibility for specialist registration 10
101 Eligibility 11
(1) An applicant for specialist registration in a specialty is eligible for 12
specialist registration in the specialty if-- 13
(a) the applicant is a general registrant; and 14
(b) the applicant is qualified for specialist registration in the 15
specialty under section 102. 16
(2) Without limiting subsection (1), the board may be satisfied the 17
applicant is eligible for specialist registration in the specialty by imposing 18
conditions on the registration under section 111.25 19
102 When applicant is qualified for specialist registration 20
(1) An applicant for specialist registration in a specialty is qualified for 21
specialist registration in the specialty if-- 22
(a) the applicant has a qualification that is-- 23
(i) a postgraduate qualification, conferred on the successful 24
completion of coursework requiring at least 3 years 25
full-time study; and 26
(ii) prescribed for the specialty under a regulation; or 27
25 Section 111 (Imposition of conditions by board)
s 103 64 s 103
Dental Practitioners Registration Bill 2001
(b) the applicant has a qualification in the specialty that is 1
substantially equivalent to, or based on similar competencies to 2
that required for, a current Australian or New Zealand 3
qualification; or 4
(c) the applicant has passed a qualifying examination in the specialty 5
set by or for, or recognised by, the board. 6
(2) In deciding whether subsection (1)(b) is satisfied, the board may 7
have regard to the following-- 8
(a) the advice and recommendations of-- 9
(i) an entity recognised by the board as competent to assess 10
qualifications in the specialty; or 11
(ii) an entity responsible for accrediting courses, or accrediting 12
institutions to educate persons, for the specialty; 13
(b) the attributes of the course leading to the applicant's 14
qualification; 15
16
Example of `attributes' of a course--
17
The course objectives and competencies.
(c) any other relevant issue. 18
(3) The reference in subsection (1)(a)(i) to 3 years full-time study 19
includes a reference to an amount of study that the board is satisfied is the 20
equivalent of 3 years full-time study. 21
(4) In this section-- 22
"current Australian or New Zealand qualification", in a specialty, 23
means an Australian or New Zealand qualification in the specialty, 24
mentioned in a regulation made under subsection (1)(a), that may be 25
conferred or awarded as a result of the successful completion of a 26
course offered, at the date of the applicant's application for specialist 27
registration, by the educational institution mentioned in relation to the 28
qualification. 29
Subdivision 3--Inquiries into applications 30
103 Board's powers before deciding applications 31
(1) Before deciding the application, the board-- 32
s 104 65 s 105
Dental Practitioners Registration Bill 2001
(a) may investigate the applicant; and 1
(b) may, by notice given to the applicant, require the applicant to 2
give the board, within a reasonable time of at least 30 days stated 3
in the notice, further information or a document the board 4
reasonably requires to decide the application; and 5
(c) may, by notice given to the applicant, require the applicant to 6
undergo a written, oral or practical examination within a 7
reasonable time of at least 30 days stated in the notice, and at a 8
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 the applicant's ability to competently and safely practise the 13
specialty to which the application relates. 14
(4) The applicant is taken to have withdrawn the application if, within 15
the 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
(5) A notice under subsection (1)(b) or (c) must be given to the applicant 19
within 60 days after the board receives the application. 20
Subdivision 4--Decision on applications 21
104 Decision 22
The board must consider the application and decide to register, or refuse 23
to register, the applicant as a specialist registrant in the specialty. 24
105 Steps to be taken after application decided 25
(1) If the board decides to register the applicant as a specialist registrant, 26
it must as soon as practicable issue a certificate of specialist registration to 27
the applicant. 28
(2) If the board decides to refuse to register the applicant as a specialist 29
registrant, the board must as soon as practicable give the applicant an 30
information notice about the decision. 31
s 106 66 s 107
Dental Practitioners Registration Bill 2001
106 Failure to decide applications 1
(1) Subject to subsections (2) and (3), if the board fails to decide the 2
application within 60 days after its receipt, the failure is taken to be a 3
decision by the board to refuse to register the applicant as a specialist 4
registrant. 5
(2) Subsection (3) applies if the board has-- 6
(a) under section 103(1)(b), required the applicant to give the board 7
further information or a document; or 8
(b) under section 103(1)(c), required the applicant to undergo an 9
examination. 10
(3) The board is taken to have refused to register the applicant as a 11
specialist registrant if it fails to decide the application by the later of the 12
following days-- 13
(a) the day that is 60 days after the board receives the further 14
information or document; 15
(b) the day that is 60 days after the board receives the results of the 16
examination. 17
(4) This section does not apply if the applicant is registered as a 18
provisional specialist registrant.26 19
(5) This section is subject to section 107. 20
107 Further consideration of applications 21
(1) This section applies if the board considers it needs further time to 22
make a decision on the application because of the complexity of the 23
matters that need to be considered in deciding the application. 24
25
Example of an application for specialist registration that may require the consideration of
26
complex matters--
27
An application requiring the board to obtain and consider information about the
28
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 29
notice to the applicant that-- 30
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 107 67 s 107
Dental Practitioners Registration Bill 2001
(a) because of the complexity of the matters that need to be 1
considered in deciding the application, the board needs further 2
time to decide the application; and 3
(b) the period within which the board must decide the application is 4
extended to a day (the "extended day") that is 60 days after the 5
final consideration day. 6
(3) Also, the applicant and board may at any time before the final 7
consideration day agree in writing on a day (the "agreed extended day") 8
by which the application is to be decided. 9
(4) The board is taken to have decided to refuse to register the applicant 10
as a specialist registrant if it does not decide the application by-- 11
(a) if subsection (2) applies--the extended day; or 12
(b) if subsection (3) applies--the agreed extended day; or 13
(c) if both subsections (2) and (3) apply--the later of the extended 14
day or agreed extended day. 15
(5) Subsection (4) does not apply if the applicant is registered as a 16
provisional specialist registrant.27 17
(6) In this section-- 18
"final consideration day" means the latest of the following days-- 19
(a) the day that is 60 days after receipt of the application; 20
(b) if the board has, under section 103(1)(b), required the applicant 21
to give the board further information or a document--the day 22
that is 60 days after the board receives the further information or 23
document; 24
(c) if the board has, under section 103(1)(c), required the applicant 25
to undergo an examination, the day that is 60 days after the board 26
receives the results of the examination. 27
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 108 68 s 110
Dental Practitioners Registration Bill 2001
Subdivision 5--Information in certificates of specialist registration 1
108 Form of certificates of specialist registration 2
(1) A certificate of specialist 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 specialty to which the registration relates; 6
(c) the period of the registration; 7
(d) any conditions of registration. 8
Subdivision 6--Period of specialist registration 9
109 Period 10
(1) The period of registration that is to apply to specialist registrants is 11
the period (the "specialist registration period"), not more than 3 years, 12
prescribed under a regulation. 13
(2) If the board decides to register an applicant as a specialist registrant 14
during a specialist registration period, the registration remains in force for 15
the period-- 16
(a) commencing on the day when the board made the decision; and 17
(b) ending on the last day of the specialist registration period. 18
Subdivision 7--Conditions of specialist registration 19
110 Conditions attaching to general registration applicable to 20
specialist registration 21
(1) This section applies if-- 22
(a) the board decides to register a general registrant as a specialist 23
registrant; and 24
(b) the registrant's general registration is, immediately before the 25
decision takes effect, subject to conditions. 26
s 111 69 s 112
Dental Practitioners Registration Bill 2001
(2) The registrant's specialist registration is subject to the conditions, 1
other than any recency of practice conditions, attaching to the general 2
registration. 3
(3) Subsection (2) does not limit the board's power to impose conditions 4
under section 111 on the registrant's specialist registration. 5
(4) Conditions attaching under subsection (2) to a specialist registration 6
may not be reviewed under division 7, as applied by section 113.28 7
111 Imposition of conditions by board 8
(1) The board may decide to register an applicant as a specialist 9
registrant in a specialty on conditions the board considers necessary or 10
desirable for the applicant to competently and safely practise the specialty. 11
(2) If the board decides to register an applicant as a specialist registrant 12
on conditions, it must as soon as practicable-- 13
(a) also decide the review period applying to the conditions;29 and 14
(b) give the applicant an information notice about the decisions. 15
112 Contravention of conditions 16
A specialist registrant must not contravene a condition of the registration 17
imposed under this Act. 18
Maximum penalty--100 penalty units. 19
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 70 s 113
Dental Practitioners Registration Bill 2001
Subdivision 8--Application of certain provisions 1
113 Application of certain provisions about general registration to 2
specialist registration 3
(1) The following provisions (the "stated provisions") apply to 4
provisional specialist registration and specialist registration as if it were 5
provisional general registration and general registration-- 6
(a) division 3 (Provisional general registration); 7
(b) division 4 (Renewal of general registrations); 8
(c) division 5 (Restoration of general registrations); 9
(d) division 6 (Cancellation of general registrations); 10
(e) division 7 (Reviewing conditions of general registrations), other 11
than the provisions to the extent to which they relate to health 12
assessments and other than section 98.30 13
(2) For subsection (1), the stated provisions apply as if-- 14
(a) an applicant for general registration were an applicant for 15
specialist registration; and 16
(b) an application for general registration were an application for 17
specialist registration; and 18
(c) general registration were specialist registration; and 19
(d) provisional general registration were provisional specialist 20
registration; and 21
(e) a certificate of provisional general registration were a certificate 22
of provisional specialist registration; and 23
(f) a provisional general registrant were a provisional specialist 24
registrant; and 25
(g) a certificate of general registration were a certificate of specialist 26
registration; and 27
(h) a general registrant were a specialist registrant; and 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 71 s 115
Dental Practitioners Registration Bill 2001
(i) the profession were the specialty to which the specialist 1
registration relates; and 2
(j) the registration fee were the specialist registration fee; and 3
(k) the restoration fee were the specialist restoration fee; and 4
(l) a general registration period were a specialist registration period; 5
and 6
(m) an applicant for renewal of general registration were an applicant 7
for renewal of specialist registration; and 8
(n) an application for renewal of general registration were an 9
application for renewal of specialist registration; and 10
(o) an applicant for restoration of general registration were an 11
applicant for restoration of specialist registration; and 12
(p) an application for restoration of general registration were an 13
application for restoration of specialist registration. 14
(3) The approved form for a certificate of provisional specialist 15
registration must also provide for the inclusion of the specialty to which the 16
registration relates. 17
Subdivision 9--Miscellaneous 18
114 Additional information to be included in show cause notice 19
(1) This section applies if the board gives a specialist registrant or a 20
provisional specialist registrant a show cause notice in relation to the 21
registrant's general registration. 22
(2) In addition to the matters mentioned in section 83(2), the show cause 23
notice must state that if the general registration is cancelled, the specialist 24
registration or provisional specialist registration ends. 25
115 Effect on specialist registration if general registration ceases to 26
have effect 27
(1) This section applies if a specialist registrant's or provisional 28
specialist registrant's general registration ends under this Act. 29
s 116 72 s 116
Dental Practitioners Registration Bill 2001
(2) The registrant's specialist registration or provisional specialist 1
registration ends on the same day (the "effective day") as the day the 2
general registration ends. 3
(3) Subsection (2) applies despite section 71,31 as applied by 4
section 113(1). 5
(4) If the registrant's general registration is cancelled by the board, the 6
information notice given to the registrant about the decision to cancel the 7
general registration must also include a direction to the registrant to return 8
the certificate of specialist registration or certificate of provisional 9
specialist registration within 14 days after the effective day. 10
(5) The registrant must return the certificate to the board within 14 days 11
after the effective day, unless the registrant has a reasonable excuse. 12
Maximum penalty for subsection (5)--10 penalty units. 13
116 Effect on specialist registration if conditions on general 14
registration are changed or removed 15
(1) This section applies if-- 16
(a) a specialist registrant's general registration is subject to 17
conditions;32 and 18
(b) the conditions are changed or removed under this Act. 19
(2) The conditions are taken to be-- 20
(a) for a decision to change conditions on the registrant's general 21
registration--changed in the same way on the registrant's 22
specialist registration; and 23
(b) for a decision to remove conditions from the registrant's general 24
registration--removed from the registrant's specialist 25
registration. 26
(3) The change to, or removal of, the conditions on the specialist 27
registration takes effect on the same day as the day (the "effective day") 28
the board's decision to change or remove the conditions on the general 29
registration takes effect. 30
31 Section 71 (General registration taken to be in force while application is considered)
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 73 s 118
Dental Practitioners Registration Bill 2001
(4) The information notice given to the registrant about the decision to 1
change or remove the conditions on the registrant's general registration 2
must also include a direction to the registrant to return the certificate of 3
specialist registration within 14 days after the effective day. 4
(5) The registrant must return the certificate of specialist registration to 5
the board within 14 days after the effective day, unless the registrant has a 6
reasonable excuse. 7
Maximum penalty--10 penalty units. 8
(6) On receiving the certificate, the board must-- 9
(a) amend the certificate in an appropriate way and return the 10
amended certificate to the registrant; or 11
(b) if the board does not consider it practicable to amend the 12
certificate, issue another certificate of specialist registration to 13
the registrant to replace the certificate returned to the board. 14
(7) In this section-- 15
"conditions" means conditions other than any recency of practice 16
conditions. 17
117 Restoration of specialist registration 18
(1) This section applies if-- 19
(a) a person's specialist registration expires; and 20
(b) the person applies, under section 77, as applied by 21
section 113(1)(c), for the restoration of the specialist registration. 22
(2) The board must decide not to restore the person's specialist 23
registration if the person is not a general registrant. 24
(3) Section 73, as applied under section 113(1)(c), is subject to this 25
section. 26
118 Decision about recording certain conditions in register 27
(1) This section applies if-- 28
(a) conditions ("health conditions") are imposed under this Act on 29
a specialist registrant's general registration because of the 30
registrant's mental or physical health; or 31
s 119 74 s 120
Dental Practitioners Registration Bill 2001
(b) the health conditions (the "changed health conditions") are 1
changed under this Act. 2
(2) The decision made, under this Act, about recording details of the 3
health conditions or changed health conditions in the register applies in the 4
same way to the same conditions attaching to the registrant's specialist 5
registration. 6
Division 9--Special purpose registrations 7
Subdivision 1--Applications for special purpose registration 8
119 Undertaking of special activities relating to the profession 9
A person may obtain special purpose registration to undertake 1 or more 10
of the following activities (the "special activities") relating to the 11
profession-- 12
(a) study or train at postgraduate level; 13
(b) teach; 14
(c) engage in research; 15
(d) give clinical demonstrations. 16
120 Application of divs 2 and 3 17
(1) For a person being registered as a special purpose registrant, division 18
2, other than subdivisions 2, 6 and 7, and division 333 apply as if-- 19
(a) an application for general registration were an application for 20
special purpose registration; and 21
(b) an applicant for general registration were an applicant for special 22
purpose registration; and 23
(c) a general registration were a special purpose registration; and 24
(d) a general registrant were a special purpose registrant; and 25
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 75 s 122
Dental Practitioners Registration Bill 2001
(e) a certificate of general registration were a certificate of special 1
purpose registration; and 2
(f) a provisional general registrant were a provisional special 3
purpose registrant; and 4
(g) a provisional general registration were a provisional special 5
purpose registration; and 6
(h) a certificate of provisional general registration were a certificate 7
of provisional special purpose registration. 8
(2) The approved form for a certificate of special purpose registration or 9
provisional special purpose registration must also provide for the inclusion 10
of-- 11
(a) details of the special activity for which the registrant is 12
registered; and 13
(b) if the special activity involves the practice of a specialty, details 14
of the specialty to be practised. 15
121 Eligibility 16
An applicant for special purpose registration is eligible for special 17
purpose registration if the applicant-- 18
(a) has a qualification required for special purpose registration; and 19
(b) is a suitable person to be a special purpose registrant. 20
122 Qualifications for special purpose registration 21
(1) An applicant for special purpose registration has a qualification 22
required for special purpose registration if the applicant is the holder of a 23
qualification in the profession recognised by the board. 24
(2) In deciding whether to recognise the qualification, the board may 25
have regard to the following-- 26
(a) whether the course leading to the qualification has been 27
accredited by an entity responsible for accrediting courses for the 28
profession; 29
(b) whether the educational institution conferring or awarding the 30
qualification has been accredited by an entity responsible for 31
accrediting institutions to educate persons for the profession; 32
s 123 76 s 125
Dental Practitioners Registration Bill 2001
(c) the advice and recommendations of an entity recognised by the 1
board as competent to assess qualifications in the profession. 2
123 Suitability to be a special purpose registrant 3
In deciding whether an applicant for special purpose registration is a 4
suitable person to be a special purpose registrant, the board may have 5
regard to the following-- 6
(a) whether the applicant has been convicted of an indictable 7
offence; 8
(b) whether the applicant has been convicted of an offence against 9
the repealed Act, this Act, the Health Practitioners (Professional 10
Standards) Act 1999 or a corresponding law; 11
(c) if the applicant has been registered under this Act or the repealed 12
Act or is, or has been, registered under a corresponding law and 13
the registration was affected-- 14
(i) by the imposition of a condition--the nature of the 15
condition and the reason for its imposition; or 16
(ii) by its suspension or cancellation--the reason for its 17
suspension or cancellation; or 18
(iii) in another way--the way it was affected and the reason for 19
it being affected; 20
(d) any other issue relevant to the applicant's ability to undertake the 21
special activity the subject of the application. 22
124 Period of special purpose registration 23
If the board decides to register the applicant as a special purpose 24
registrant, the registration remains in force for the period, not more than 25
1 year, decided by the board when deciding to register the applicant as a 26
special purpose registrant. 27
125 Imposition of conditions by board 28
(1) The board may decide to register the applicant as a special purpose 29
registrant on conditions the board considers necessary or desirable for the 30
applicant to competently and safely undertake the special activity the 31
subject of the application. 32
s 126 77 s 127
Dental Practitioners Registration Bill 2001
(2) If the board decides to register the applicant as a special purpose 1
registrant on conditions, it must as soon as practicable give the applicant an 2
information notice about the decision. 3
126 Contravention of conditions 4
A special purpose registrant must not contravene a condition of the 5
registration imposed under this Act. 6
Maximum penalty--100 penalty units. 7
Subdivision 2--Renewal of special purpose registrations 8
127 Application of div 4, sdivs 2 and 3 9
For renewing a special purpose registration, division 4, subdivisions 2 10
and 3, other than sections 70(5)(a) and 75(3)34 and the provisions to the 11
extent to which they relate to recency of practice requirements, apply as 12
if-- 13
(a) an application for the renewal of a general registration were an 14
application for the renewal of a special purpose registration; and 15
(b) an applicant for the renewal of a general registration were an 16
applicant for the renewal of a special purpose registration; and 17
(c) an applicant's general registration were an applicant's special 18
purpose registration; and 19
(d) a general registrant were a special purpose registrant; and 20
(e) a certificate of general registration were a certificate of special 21
purpose registration. 22
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 78 s 131
Dental Practitioners Registration Bill 2001
128 Matters that may be considered in deciding whether to renew 1
special purpose registrations 2
In deciding whether to renew a special purpose registration, the board 3
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
129 Imposition of conditions by board 7
(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
130 Period of renewed special purpose registration 18
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 20
by the board when deciding to renew the registration. 21
Subdivision 3--Cancellation of special purpose registrations 22
131 Application of div 6 23
For cancelling a special purpose registration, division 6, other than 24
section 82, applies as if36-- 25
(a) a general registration were a special purpose registration; and 26
35 See section 123 (Suitability to be a special purpose registrant) for a list of the
matters.
36 Division 6 (Cancellation of general registrations)
Section 82 (Ground for cancellation)
s 132 79 s 133
Dental Practitioners Registration Bill 2001
(b) a certificate of general registration were a certificate of special 1
purpose registration. 2
132 Grounds for cancellation 3
Each of the following is a ground for cancelling a special purpose 4
registration-- 5
(a) the registrant has practised the profession other than for the 6
special activity for which the registrant is registered; 7
(b) the registrant has been convicted of an indictable offence; 8
(c) the registrant has been convicted of an offence against this Act, 9
the Health Practitioners (Professional Standards) Act 1999 or a 10
corresponding law; 11
(d) the registrant has contravened a condition of the registration; 12
(e) the registrant was registered because of a materially false or 13
misleading representation or declaration. 14
Subdivision 4--Removal of conditions 15
133 Removal 16
(1) This section applies if the board reasonably believes the conditions 17
imposed on a special purpose registration under this Act are no longer 18
necessary or desirable for the registrant to competently and safely 19
undertake the special activity the subject of the registration. 20
(2) The board must decide to remove the conditions. 21
(3) The board must give the registrant notice of the decision as soon as 22
practicable after it is made. 23
(4) The registrant must return the certificate of special purpose 24
registration to the board within 14 days after receiving the notice, unless 25
the registrant has a reasonable excuse. 26
Maximum penalty--10 penalty units. 27
(5) On receiving the certificate, the board must-- 28
(a) amend the certificate in an appropriate way and return the 29
amended certificate to the registrant; or 30
s 134 80 s 135
Dental Practitioners Registration Bill 2001
(b) if the board does not consider it practicable to amend the 1
certificate--issue another certificate of special purpose 2
registration to the registrant to replace the certificate returned to 3
the board. 4
(6) The removal takes effect when notice of the decision is given to the 5
registrant and does not depend on the certificate of special purpose 6
registration being amended to record the removal or a replacement 7
certificate of special purpose registration being issued. 8
Division 10--General provisions about registrations 9
134 Person is taken to be registered under this part 10
(1) This section applies if, under this Act, an entity decides to-- 11
(a) register a person; or 12
(b) restore a person's registration. 13
(2) The person is taken to be registered under this part. 14
135 Surrender of registrations 15
(1) A registrant may surrender the registration by notice given to the 16
board.37 17
(2) The surrender takes effect-- 18
(a) on the day the notice is given to the board; or 19
(b) if a later day of effect is stated in the notice, on the later day. 20
(3) The registrant must return the certificate of registration to the board 21
within 14 days after the day the surrender takes effect, unless the registrant 22
has a reasonable excuse. 23
Maximum penalty for subsection (3)--10 penalty units. 24
37 See section 115 (Effect on specialist registration if general registration ceases to
have effect).
s 136 81 s 139
Dental Practitioners Registration Bill 2001
136 Replacement of certificates of registration 1
(1) A registrant may apply to the board for the replacement of the 2
certificate of registration if it has been lost, stolen, destroyed or damaged. 3
(2) The board must consider the application and decide to grant, or 4
refuse to grant, the application. 5
(3) The board must decide to grant the application if it is satisfied the 6
certificate has been lost, stolen or destroyed, or damaged in a way to 7
require its replacement. 8
(4) If the board decides to grant the application, it must on payment of 9
the fee prescribed under a regulation-- 10
(a) replace the lost, stolen, destroyed or damaged certificate with 11
another certificate of registration; and 12
(b) give the replacement certificate of registration to the applicant. 13
(5) If the board decides to refuse to grant the application, it must as soon 14
as practicable give the applicant an information notice about the decision. 15
137 Certified copy of certificates of registration 16
A registrant may, on payment of the fee prescribed under a regulation, 17
obtain from the board a certified copy of the certificate of registration. 18
138 Notification of change in circumstances 19
A registrant must, within 21 days after the happening of a change in the 20
registrant's circumstances prescribed under a regulation, advise the board 21
of the change. 22
Maximum penalty--10 penalty units. 23
139 Notification of certain events to interstate regulatory authorities 24
and other entities 25
(1) This section applies if-- 26
(a) a person's general registration, specialist registration or special 27
purpose registration is cancelled under this Act; or 28
(b) conditions are imposed, under this Act, on a person's general 29
registration, specialist registration or special purpose registration; 30
or 31
s 139 82 s 139
Dental Practitioners Registration Bill 2001
(c) conditions on a person's general registration, specialist 1
registration or special purpose registration are removed under 2
this Act. 3
(2) As soon as practicable after an event mentioned in subsection (1) 4
happens, the board must give notice about the event to each interstate 5
regulatory authority with which the board is aware the person is registered. 6
(3) Also, the board may give notice about the event to any of the 7
following-- 8
(a) the chief executive; 9
(b) other State regulatory authorities; 10
(c) foreign regulatory authorities; 11
(d) professional colleges of which the person is eligible to be a 12
member; 13
(e) professional associations of which the person is eligible to be a 14
member; 15
(f) an employer of the person; 16
(g) the Health Insurance Commission; 17
(h) the Health Rights Commissioner; 18
(i) the Minister; 19
(j) another entity having a connection with the person's practice as a 20
general or special purpose registrant. 21
(4) However, the board must not give a notice about the event to an 22
entity under subsection (3) unless the board reasonably believes-- 23
(a) the entity needs to know about the event; and 24
(b) giving the entity notice about the event will assist in achieving 25
the objects of this Act. 26
(5) A notice under this section may include the information the board 27
considers appropriate in the circumstances. 28
(6) In this section-- 29
"impose", a condition, does not include confirm the condition. 30
"State regulatory authorities" means boards established under the health 31
practitioner registration Acts. 32
s 140 83 s 140
Dental Practitioners Registration Bill 2001
PART 4--OBLIGATIONS OF REGISTRANTS AND 1
OTHER PERSONS 2
Division 1--Restricted titles and holding out 3
140 Taking of restricted titles etc. 4
(1) A person who is not a registrant must not take or use a restricted title. 5
Maximum penalty--1 000 penalty units. 6
7
Example of an individual taking or using a restricted title--
8
AB describes himself or herself as `AB, dentist'.
9
Examples of a corporation taking or using a restricted title--
10
1. ABC Pty Ltd describes itself as `ABC Pty Ltd, dental practitioners'.
11
2. A corporation having a restricted title as part of its name.
(2) Subsection (1) does not apply if-- 12
(a) the title is taken or used as part of a business name for a business 13
providing professional services; and 14
(b) in the carrying on of the business by the person, a registrant 15
provides professional services. 16
(3) Also, subsection (1) does not apply if-- 17
(a) the person is undertaking study or training in the practice of the 18
profession to obtain a qualification for registration; and 19
(b) the person takes or uses the title, in the course of the study or 20
training, in conjunction with words that indicate the person is a 21
student or trainee in the profession. 22
(4) A person (the "first person") must not, in relation to another person 23
who the first person knows or ought reasonably to know is not a registrant, 24
use a restricted title. 25
Maximum penalty--1 000 penalty units. 26
(5) Subsection (4) does not apply if-- 27
(a) the other person is undertaking study or training in the practice of 28
the profession to obtain a qualification for registration; and 29
s 141 84 s 141
Dental Practitioners Registration Bill 2001
(b) the first person uses the title in relation to the other person, in the 1
course of the study or training, in conjunction with words that 2
indicate the other person is a student or trainee in the profession. 3
(6) A person who is not a registrant must not take or use a title (other 4
than a restricted title), name, initial, symbol, word or description that, 5
having regard to the circumstances in which it is taken or used, indicates or 6
could be reasonably understood to indicate-- 7
(a) the person is a dental practitioner; or 8
(b) the person is authorised or qualified to practise the profession. 9
Maximum penalty--500 penalty units. 10
(7) A person (the "first person") must not, in relation to another person 11
who the first person knows or ought reasonably to know is not a registrant, 12
use a title (other than a restricted title), name, initial, symbol, word or 13
description that, having regard to the circumstances in which it is used, 14
indicates or could be reasonably understood to indicate-- 15
(a) the other person is a dental practitioner; or 16
(b) the other person is authorised or qualified to practise the 17
profession. 18
Maximum penalty for subsection (7)--500 penalty units. 19
141 Taking of restricted specialist title etc. 20
(1) A person who is not a specialist registrant or provisional specialist 21
registrant in a specialty must not take or use a restricted specialist title for 22
the specialty. 23
Maximum penalty--1 000 penalty units. 24
(2) Subsection (1) does not apply to a person if-- 25
(a) the person takes or uses a restricted specialist title for a specialty 26
as part of a business name for a business providing professional 27
services in the specialty; and 28
(b) in the carrying on of the business by the person, a specialist 29
registrant or provisional specialist registrant in the specialty 30
provides professional services in the specialty. 31
(3) Also, subsection (1) does not apply to a person if-- 32
(a) the person-- 33
s 141 85 s 141
Dental Practitioners Registration Bill 2001
(i) is undertaking study or training in the practice of a specialty 1
to obtain a qualification for registration in the specialty; and 2
(ii) takes or uses a restricted specialist title for the specialty, in 3
the course of the study or training, in conjunction with 4
words that indicate the person is a student or trainee in the 5
specialty; or 6
(b) the person is registered as a special purpose registrant or 7
provisional special purpose registrant for a special purpose that 8
involves the practice of the specialty. 9
Maximum penalty--1 000 penalty units. 10
(4) A person (the "first person") must not, in relation to another person 11
who the first person knows or ought reasonably to know is not a specialist 12
registrant or a provisional specialist registrant in a specialty, use a 13
restricted specialist title for the specialty. 14
Maximum penalty--1 000 penalty units. 15
(5) Subsection (4) does not apply to the first person if the other person is 16
registered as a special purpose registrant or a provisional special purpose 17
registrant for a purpose that involves the practice of the specialty. 18
(6) Also, subsection (4) does not apply if-- 19
(a) the other person is undertaking study or training in the practice of 20
a specialty to obtain a qualification for registration in the 21
specialty; and 22
(b) the first person uses a restricted specialist title for the specialty in 23
relation to the other person, in the course of the study or training, 24
in conjunction with words that indicate the other person is a 25
student or trainee in the specialty. 26
(7) A person must not use the word `specialist' or `specialty' in 27
circumstances that indicate, or could be reasonably understood to indicate, 28
the person provides professional services in an area that is not a specialty. 29
Maximum penalty--1 000 penalty units. 30
(8) A person (the "first person") must not, in relation to another person 31
(the "second person") use the word `specialist' or `specialty' in 32
circumstances that indicate, or could be reasonably understood to indicate, 33
the second person provides professional services in an area that is not a 34
specialty. 35
Maximum penalty for subsection (8)--1 000 penalty units. 36
s 142 86 s 144
Dental Practitioners Registration Bill 2001
142 Use of title `doctor' 1
(1) A registrant, in using the title of doctor, does not commit an offence 2
against the Higher Education (General Provisions) Act 1993, 3
section 8(3),38 so far as that subsection applies to the higher education 4
award of the title of doctor, if the registrant uses the title `doctor' followed 5
by-- 6
(a) the registrant's name and the words `dentist', `dental surgeon' or 7
`dental practitioner'; or 8
(b) for a specialist registrant, provisional specialist registrant, special 9
purpose registrant or provisional special purpose registrant 10
whose special activity involves the practice of a specialty--the 11
registrant's name and the restricted specialist title for the 12
specialty. 13
(2) In this section-- 14
"title" includes description and status. 15
143 Claims by persons as to registration 16
A person who is not a registrant must not-- 17
(a) claim, or hold himself or herself out, to be registered under this 18
Act; or 19
(b) allow himself or herself to be held out as being registered under 20
this Act; or 21
(c) claim, or hold himself or herself out, to be eligible to be 22
registered under this Act. 23
Maximum penalty--1 000 penalty units. 24
144 Claims by persons as to other persons' registration 25
(1) A person must not hold out another person as being registered under 26
this Act if the person knows, or ought reasonably to know, the other person 27
is not registered under this Act. 28
Maximum penalty--1 000 penalty units. 29
38 Higher Education (General Provisions) Act 1993, section 8 (Limitation on
conferring or using certain awards)
s 145 87 s 145
Dental Practitioners Registration Bill 2001
1
Example--
2
A person carrying on a business providing professional services must not hold out that
3
an employee of the person is registered under this Act if the person knows the
4
employee is not registered under this Act.
(2) A person must not hold out another person as being a specialist 5
registrant if the person knows, or ought reasonably to know, the other 6
person is not a specialist registrant. 7
Maximum penalty--1 000 penalty units. 8
(3) A person must not hold out another person as being registered under 9
this Act in a particular specialty if the person knows, or ought reasonably to 10
know, the other person is not registered under this Act in the specialty. 11
Maximum penalty--1 000 penalty units. 12
145 Restrictions on certain registrants 13
(1) A person who is a special purpose registrant or provisional special 14
purpose registrant must not-- 15
(a) claim, or hold himself or herself out, to be a general registrant or 16
provisional general registrant; or 17
(b) allow himself or herself to be held out as being a general 18
registrant or provisional general registrant; or 19
(c) claim, or hold himself or herself out, to be eligible to be a general 20
registrant or provisional general registrant. 21
Maximum penalty--100 penalty units. 22
(2) A registrant who is not a specialist registrant or provisional specialist 23
registrant must not-- 24
(a) claim, or hold himself or herself out, to be a specialist registrant 25
or provisional specialist registrant; or 26
(b) allow himself or herself to be held out as being a specialist 27
registrant or provisional specialist registrant; or 28
(c) claim, or hold himself or herself out, to be entitled to be a 29
specialist registrant or provisional specialist registrant. 30
Maximum penalty--100 penalty units. 31
(3) A registrant who is not a specialist registrant, or a provisional 32
specialist registrant, in a specialty must not-- 33
s 146 88 s 146
Dental Practitioners Registration Bill 2001
(a) claim, or hold himself or herself out, to be a specialist registrant 1
or provisional specialist registrant in the specialty; or 2
(b) allow himself or herself to be held out as being a specialist 3
registrant or provisional specialist registrant in the specialty; or 4
(c) claim, or hold himself or herself out, to be entitled to be a 5
specialist registrant or provisional specialist registrant in the 6
specialty. 7
Maximum penalty--100 penalty units. 8
146 Restrictions on provisional registrants 9
(1) A person who is a provisional general registrant must not-- 10
(a) claim, or hold himself or herself out, to be a general registrant; or 11
(b) allow himself or herself to be held out as being a general 12
registrant; or 13
(c) claim, or hold himself or herself out, to be eligible to be a general 14
registrant. 15
Maximum penalty--100 penalty units. 16
(2) A person who is a provisional special purpose registrant must not-- 17
(a) claim, or hold himself or herself out, to be a special purpose 18
registrant; or 19
(b) allow himself or herself to be held out as being a special purpose 20
registrant; or 21
(c) claim, or hold himself or herself out, to be eligible to be a special 22
purpose registrant. 23
Maximum penalty--100 penalty units. 24
(3) A person who is a provisional specialist registrant must not-- 25
(a) claim, or hold himself or herself out, to be a specialist registrant; 26
or 27
(b) allow himself or herself to be held out as being a specialist 28
registrant; or 29
(c) claim, or hold himself or herself out, to be eligible to be a 30
specialist registrant. 31
Maximum penalty--100 penalty units. 32
s 147 89 s 148
Dental Practitioners Registration Bill 2001
147 Restrictions on registrants registered on conditions 1
A registrant who is registered on conditions must not-- 2
(a) claim, or hold himself or herself out, to be registered without the 3
conditions or any conditions; or 4
(b) allow himself or herself to be held out as being registered without 5
the conditions or any conditions. 6
Maximum penalty--100 penalty units. 7
Division 2--Notification of business names and other details 8
148 Notification of business names etc. 9
(1) A registrant must, before carrying on a business providing 10
professional services under a business name other than the registrant's own 11
name, give the board notice of the business name. 12
Maximum penalty--10 penalty units. 13
(2) Subsection (1) applies whether or not the business name is registered 14
under the Business Names Act 1962. 15
(3) An individual who is not a registrant must, before carrying on a 16
business providing professional services, give the board notice of-- 17
(a) the business name of the business (whether or not the name is 18
registered under the Business Names Act 1962); and 19
(b) the name and address of the individual. 20
Maximum penalty--10 penalty units. 21
(4) A corporation must, before carrying on a business providing 22
professional services, give the board notice of-- 23
(a) the business name of the business (whether or not the name is 24
registered under the Business Names Act 1962); and 25
(b) the name and principal address of the corporation; and 26
(c) the names and addresses of-- 27
(i) if the corporation is a corporation under the Corporations 28
Law--the directors of the corporation; or 29
s 149 90 s 150
Dental Practitioners Registration Bill 2001
(ii) if the corporation is not a corporation under the 1
Corporations Law--the members of the governing body of 2
the corporation. 3
Maximum penalty for subsection (4)--50 penalty units. 4
149 Notification of change in business names etc. 5
(1) This section applies if-- 6
(a) a person has given the board a notice under section 148; and 7
(b) there is a change in the information contained in the notice. 8
(2) The person must, within 14 days after the happening of the change, 9
give the board notice of the change. 10
Maximum penalty--10 penalty units. 11
(3) The person does not commit an offence against section 148 during 12
the period of 14 days after the happening of the change if the person 13
complies with subsection (2). 14
Division 3--Advertising 15
150 Obligations of advertisers 16
(1) A person must not advertise a professional service, or a business 17
providing professional services, in a way that-- 18
(a) is false, misleading or deceptive or is likely to be misleading or 19
deceptive; or 20
21
Example for paragraph (a)--
22
An advertisement that contains a false claim about the beneficial outcome
23
of a professional service.
(b) offers a discount, gift or other inducement to attract a person to 24
use the service or the business, unless the advertisement also 25
states the terms of the offer; or 26
(c) refers to, uses or cites actual or purported endorsements or 27
testimonials about the service or business, or a registrant; or 28
(d) is disparaging of-- 29
(i) a professional service provided by another person; or 30
s 151 91 s 152
Dental Practitioners Registration Bill 2001
(ii) a business providing professional services; or 1
(iii) a registrant. 2
Maximum penalty--200 penalty units. 3
(2) A person must not advertise a professional service that the person 4
knows or ought reasonably to know will, or is likely to, harm a person to 5
whom it is provided. 6
Maximum penalty--200 penalty units. 7
(3) A person must not advertise a registrant's expertise in a field of 8
practice of the profession unless the registrant has the skills, knowledge, 9
training or qualifications necessary to practise in the field. 10
Maximum penalty--200 penalty units. 11
(4) A printer or publisher does not commit an offence against 12
subsection (1), (2) or (3) merely by, as part of his or her business, printing 13
or publishing an advertisement for another person. 14
151 Information to appear in advertisements 15
(1) A person must not advertise a professional service, or a business 16
providing professional services, unless-- 17
(a) if a registrant provides the service, or carries on the business, 18
under a business name that is the registrant's own name--the 19
registrant's name is stated in the advertisement; or 20
(b) otherwise--the business name notified to the board under 21
section 148(1), (3) or (4) is stated in the advertisement. 22
Maximum penalty--50 penalty units. 23
(2) A printer or publisher does not commit an offence against 24
subsection (1) merely by, as part of his or her business, printing or 25
publishing an advertisement for another person. 26
Division 4--Registrants' autonomy 27
152 Aiding, abetting etc. conduct that is a ground for disciplinary 28
action 29
(1) A person must not aid, abet, counsel, procure or induce a registrant to 30
engage in conduct that the person is aware, or ought reasonably be aware, 31
s 153 92 s 153
Dental Practitioners Registration Bill 2001
is conduct forming the basis for a ground for disciplinary action against a 1
registrant mentioned in the Health Practitioners (Professional Standards) 2
Act 1999, section 124(1).39 3
Maximum penalty--1 000 penalty units. 4
(2) To remove doubt, it is declared that a registrant may be induced by 5
threats or promises. 6
Division 5--Court orders and injunctions 7
153 Persons may be prohibited from supplying health services etc. 8
(1) This section applies if a person is convicted of an offence against 9
section 140, 141, 143, 144, 150(1)(a), (2) or (3), 152(1) or 156.40 10
(2) The court sentencing the person for the offence may, on its own 11
initiative or the application of the prosecutor, make an order under 12
subsection (3) or (5). 13
(3) The court may make an order, applying for a period decided by the 14
court-- 15
(a) prohibiting the person from providing, or carrying on or 16
managing a business providing, a health service; or 17
(b) prohibiting the person from having a financial interest in a 18
business providing a health service; or 19
(c) if the person is a corporation, prohibiting an executive officer of 20
the corporation, who was in a position to influence the conduct of 21
the corporation in relation to the offence, from managing a 22
corporation that carries on a business providing a health service. 23
(4) For subsection (3)(c), a person manages a corporation if the person is 24
a director, or is in any way concerned in or takes part in the management 25
of, the corporation. 26
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 93 s 154
Dental Practitioners Registration Bill 2001
(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 15
behalf 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
154 Injunctions 19
(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 26
a contravention of section 140, 141, 143, 144, 150(1)(a), (2) or 27
(3) 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
(4) The court may grant an interim injunction under this section until the 33
application is finally decided. 34
s 154 94 s 154
Dental Practitioners Registration Bill 2001
(5) On considering the application for the injunction, the court may-- 1
(a) in a case to which subsection (1)(a)(i) applies--grant an 2
injunction restraining the offending party from engaging in the 3
conduct concerned and, if in the court's opinion it is desirable to 4
do so, requiring the offending party to do anything; or 5
(b) in a case to which subsection (1)(a)(ii) applies--grant an 6
injunction requiring the offending party to do the thing 7
concerned. 8
(6) The court may grant the injunction-- 9
(a) if the court is satisfied that the offending party has engaged in the 10
conduct, or failed to do the thing, mentioned in subsection (1), 11
whether or not it appears to the court that the offending party 12
intends-- 13
(i) to engage again, or continue to engage, in the conduct; or 14
(ii) to again fail, or continue to fail, to do the thing; or 15
(b) if it appears to the court that, if the injunction is not granted, it is 16
likely that the offending party will engage in the conduct, or fail 17
to do the thing, mentioned in subsection (1), whether or not the 18
offending party has previously engaged in the conduct or failed 19
to do the thing. 20
(7) The court may grant the injunction on the terms the court considers 21
appropriate. 22
(8) Also, the court may grant an injunction requiring the offending party 23
to take stated action (including action to disclose information or publish 24
advertisements) to remedy any adverse effects of the offending party's 25
conduct or failure. 26
(9) The court may discharge an injunction granted under this section at 27
any time. 28
(10) The powers conferred on the court by this section are in addition to, 29
and do not limit, any other powers of the court. 30
(11) In this section-- 31
"court" means-- 32
(a) if proceedings for an offence relating to the conduct or failure are 33
pending in a Magistrates Court--the Magistrates Court; or 34
(b) in any case--the District Court. 35
s 155 95 s 157
Dental Practitioners Registration Bill 2001
Division 6--Reprisals 1
155 Reprisal and grounds for reprisals 2
(1) A person must not cause, or attempt or conspire to cause, detriment 3
to another person because, or in the belief that-- 4
(a) anybody has given, or may give, information or assistance to the 5
board or an inspector about a person's alleged contravention of 6
division 1 or section 150(1)(a), (2) or (3) or 152(1);41 or 7
(b) anybody has given, or may give, evidence to the court in 8
proceedings for an offence against division 1 or 9
section 150(1)(a), (2) or (3) or 152(1). 10
(2) An attempt to cause detriment includes an attempt to induce a person 11
to cause detriment. 12
(3) A contravention of subsection (1) is a reprisal or the taking of a 13
reprisal. 14
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 15
the unlawful ground for the reprisal. 16
(5) For the contravention mentioned in subsection (3) to happen, it is 17
sufficient if the unlawful ground is a substantial ground for the act or 18
omission that is the reprisal, even if there is another ground for the act or 19
omission. 20
156 Offence for taking reprisal 21
A person who takes a reprisal commits an offence. 22
Maximum penalty--167 penalty units or 2 years imprisonment. 23
157 Damages entitlement for reprisal 24
(1) A reprisal is a tort and a person who takes a reprisal is liable in 25
damages to any person who suffers detriment as a result. 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 158 96 s 159
Dental Practitioners Registration Bill 2001
(2) Any appropriate remedy that may be granted by a court for a tort may 1
be granted by a court for the taking of a reprisal. 2
(3) If the claim for damages goes to trial in the Supreme Court or the 3
District Court, it must be decided by a judge sitting without a jury. 4
Division 7--Other provisions 5
158 Payment, or acceptance of payment, for referrals prohibited 6
(1) This section applies to a registrant, or a person carrying on a business 7
providing professional services, (the "service provider"). 8
(2) The service provider must not, directly or indirectly, pay an amount 9
or give another benefit, or attempt to pay an amount or give another 10
benefit, to a person in return for the person referring another person to the 11
service provider or service provider's business. 12
Maximum penalty--200 penalty units. 13
(3) The service provider must not, directly or indirectly, accept payment 14
or another benefit for referring a user of the professional services provided 15
by the service provider, or service provider's business, to a person 16
providing, or carrying on a business providing, a health service. 17
Maximum penalty for subsection (3)--200 penalty units. 18
PART 5--INVESTIGATION AND ENFORCEMENT 19
Division 1--Inspectors 20
159 Functions of inspectors 21
An inspector has the function of conducting investigations and 22
inspections to enforce compliance with this Act. 23
s 160 97 s 163
Dental Practitioners Registration Bill 2001
160 Powers of inspectors 1
For this Act, an inspector has the powers given to the person under this 2
Act. 3
161 Limitation on powers of inspectors 4
The powers of an inspector may be limited under a condition of 5
appointment. 6
Division 2--Appointment of inspectors and other matters 7
162 Appointments 8
The board may appoint the following persons as an inspector-- 9
(a) a member; 10
(b) the executive officer; 11
(c) if the executive officer has agreed to the appointment, a member 12
of the office's staff the board considers has the necessary 13
expertise or experience to be an inspector; 14
(d) another person the board considers has the necessary expertise or 15
experience to be an inspector. 16
163 Appointment conditions 17
(1) An inspector holds office on the conditions stated in the instrument 18
of appointment. 19
(2) An inspector ceases holding office-- 20
(a) if the appointment provides for a term of appointment--at the 21
end of the term; or 22
(b) if the conditions of appointment provide--on ceasing to hold 23
another office (the "main office") stated in the appointment 24
conditions. 25
(3) An inspector may resign by signed notice of resignation given to the 26
board. 27
s 164 98 s 166
Dental Practitioners Registration Bill 2001
(4) However, an inspector may not resign from the office of inspector 1
(the "secondary office") if a condition of the inspector's employment to 2
the main office requires the inspector to hold the secondary office. 3
164 Identity cards 4
(1) The board must give an identity card to each inspector. 5
(2) The identity card must-- 6
(a) contain a recent photograph of the inspector; and 7
(b) be signed by the inspector; and 8
(c) identify the person as an inspector for this Act; and 9
(d) include an expiry date for the card. 10
(3) This section does not prevent the issue of a single identity card to a 11
person for this Act and other Acts. 12
165 Failure to return identity card 13
A person who ceases to be an inspector must return the person's identity 14
card to the chairperson within 7 days after the person ceases to be an 15
inspector, unless the person has a reasonable excuse. 16
Maximum penalty--10 penalty units. 17
166 Production or display of inspector's identity card 18
(1) An inspector may exercise a power in relation to someone else (the 19
"other person") only if the inspector-- 20
(a) first produces the inspector's identity card for the other person's 21
inspection; or 22
(b) has the identity card displayed so it is clearly visible to the other 23
person. 24
(2) However, if for any reason it is not practicable to comply with 25
subsection (1) before exercising the power, the inspector must produce the 26
identity card for the other person's inspection at the first reasonable 27
opportunity. 28
s 167 99 s 168
Dental Practitioners Registration Bill 2001
Division 3--Powers of inspectors 1
Subdivision 1--Entry of places 2
167 Power to enter places 3
(1) An inspector may enter a place if-- 4
(a) its occupier consents to the entry; or 5
(b) it is a public place and the entry is made when the place is open 6
to the public; or 7
(c) the entry is authorised by a warrant. 8
(2) For the purpose of asking the occupier of a place for consent to enter, 9
an inspector may, without the occupier's consent or a warrant-- 10
(a) enter land around premises at the place to an extent that is 11
reasonable to contact the occupier; or 12
(b) enter part of the place the inspector reasonably considers 13
members of the public ordinarily are allowed to enter when they 14
wish to contact the occupier. 15
Subdivision 2--Procedure for entry 16
168 Entry with consent 17
(1) This section applies if an inspector intends to ask an occupier of a 18
place to consent to the inspector or another inspector entering the place 19
under section 167(1)(a). 20
(2) Before asking for the consent, the inspector must tell the occupier-- 21
(a) the purpose of the entry; and 22
(b) that the occupier is not required to consent. 23
(3) If the consent is given, the inspector may ask the occupier to sign an 24
acknowledgment of the consent. 25
(4) The acknowledgment must state-- 26
(a) the occupier has been told-- 27
(i) the purpose of the entry; and 28
s 169 100 s 170
Dental Practitioners Registration Bill 2001
(ii) that the occupier is not required to consent; and 1
(b) the purpose of the entry; and 2
(c) the occupier gives the inspector consent to enter the place and 3
exercise powers under this part; and 4
(d) the time and date the consent was given. 5
(5) If the occupier signs the acknowledgment, the inspector must 6
immediately give a copy to the occupier. 7
(6) A court must find the occupier of a place did not consent to an 8
inspector entering the place under this part if-- 9
(a) an issue arises in a proceeding before the court whether the 10
occupier of the place consented to the entry under 11
section 167(1)(a); and 12
(b) an acknowledgment mentioned in subsection (4) is not produced 13
in evidence for the entry; and 14
(c) it is not proved by the person relying on the lawfulness of the 15
entry that the occupier consented to the entry. 16
169 Application for warrant 17
(1) An inspector may apply to a magistrate for a warrant for a place. 18
(2) The application must be sworn and state the grounds on which the 19
warrant is sought. 20
(3) The magistrate may refuse to consider the application until the 21
inspector gives the magistrate all the information the magistrate requires 22
about the application in the way the magistrate requires. 23
24
Example--
25
The magistrate may require additional information supporting the application to be
26
given by statutory declaration.
170 Issue of warrant 27
(1) The magistrate may issue a warrant only if the magistrate is satisfied 28
there are reasonable grounds for suspecting-- 29
(a) there is a particular thing or activity (the "evidence") that may 30
provide evidence of an offence against this Act; and 31
s 171 101 s 171
Dental Practitioners Registration Bill 2001
(b) the evidence is at the place, or may be at the place within the next 1
7 days. 2
(2) The warrant must state-- 3
(a) that a stated inspector may, with necessary and reasonable help 4
and force-- 5
(i) enter the place and any other place necessary for entry; and 6
(ii) exercise the inspector's powers under this part; and 7
(b) the offence for which the warrant is sought; and 8
(c) the evidence that may be seized under the warrant; and 9
(d) the hours of the day or night when the place may be entered; and 10
(e) the date, within 14 days after the warrant's issue, the warrant 11
ends. 12
171 Special warrants 13
(1) An inspector may apply for a warrant (a "special warrant") by 14
phone, fax, radio or another form of communication if the inspector 15
considers it necessary because of-- 16
(a) urgent circumstances; or 17
(b) other special circumstances, including, for example, the 18
inspector's remote location. 19
(2) Before applying for the special warrant, the inspector must prepare 20
an application stating the grounds on which the warrant is sought. 21
(3) The inspector may apply for the special warrant before the 22
application is sworn. 23
(4) After issuing the special warrant, the magistrate must immediately 24
fax a copy (the "facsimile warrant") to the inspector if it is reasonably 25
practicable to fax the copy. 26
(5) If it is not reasonably practicable to fax a copy to the inspector-- 27
(a) the magistrate must tell the inspector-- 28
(i) what the terms of the special warrant are; and 29
(ii) the date and time the special warrant was issued; and 30
s 172 102 s 172
Dental Practitioners Registration Bill 2001
(b) the inspector must complete a form of warrant (a "warrant 1
form") and write on it-- 2
(i) the magistrate's name; and 3
(ii) the date and time the magistrate issued the special warrant; 4
and 5
(iii) the terms of the special warrant. 6
(6) The facsimile warrant, or the warrant form properly completed by 7
the inspector, authorises the entry and the exercise of the other powers 8
stated in the special warrant issued. 9
(7) The inspector must, at the first reasonable opportunity, send to the 10
magistrate-- 11
(a) the sworn application; and 12
(b) if the inspector completed a warrant form, the completed warrant 13
form. 14
(8) On receiving the documents, the magistrate must attach them to the 15
special warrant. 16
(9) A court must find the exercise of the power by an inspector was not 17
authorised by a special warrant if-- 18
(a) an issue arises in a proceeding before the court whether the 19
exercise of the power was authorised by a special warrant 20
mentioned in subsection (1); and 21
(b) the special warrant is not produced in evidence; and 22
(c) it is not proved by the person relying on the lawfulness of the 23
entry that the inspector obtained the special warrant. 24
172 Warrants--procedure before entry 25
(1) This section applies if an inspector named in a warrant issued under 26
this part for a place is intending to enter the place under the warrant. 27
(2) Before entering the place, the inspector must do or make a 28
reasonable attempt to do the following things-- 29
(a) identify himself or herself to a person present at the place who is 30
an occupier of the place by producing a copy of the inspector's 31
identity card or other document evidencing the inspector's 32
appointment; 33
s 173 103 s 173
Dental Practitioners Registration Bill 2001
(b) give the person a copy of the warrant or, if the entry is authorised 1
by a facsimile warrant or warrant form mentioned in 2
section 171(6), a copy of the facsimile warrant or warrant form; 3
(c) tell the person the inspector is permitted by the warrant to enter 4
the place; 5
(d) give the person an opportunity to allow the inspector immediate 6
entry to the place without using force. 7
(3) However, the inspector need not comply with subsection (2) if the 8
inspector believes on reasonable grounds that immediate entry to the place 9
is required to ensure the effective execution of the warrant is not frustrated. 10
Subdivision 3--Powers after entry 11
173 General powers after entering places 12
(1) This section applies to an inspector who enters a place. 13
(2) However, if an inspector enters a place to get the occupier's consent 14
to enter premises, this section applies to the inspector only if the consent is 15
given or the entry is otherwise authorised. 16
(3) For enforcing compliance with this Act, the inspector may-- 17
(a) search any part of the place; or 18
(b) inspect, measure, test, photograph or film any part of the place or 19
anything at the place; or 20
(c) take a thing, or a sample of or from a thing, for analysis or 21
testing; or 22
(d) take an extract from, or copy, a document at the place; or 23
(e) take into or onto the place any person, equipment and materials 24
the inspector reasonably requires for exercising a power under 25
this part; or 26
(f) require the occupier of the place, or a person at the place, to give 27
the inspector reasonable help to exercise the inspector's powers 28
under paragraphs (a) to (e); or 29
(g) require the occupier of the place, or a person at the place, to give 30
the inspector information to help the inspector ascertain whether 31
this Act is being complied with. 32
s 174 104 s 176
Dental Practitioners Registration Bill 2001
(4) When making a requirement mentioned in subsection (3)(f) or (g), 1
the inspector must warn the person it is an offence to fail to comply with 2
the requirement, unless the person has a reasonable excuse. 3
174 Failure to help inspector 4
(1) A person required to give reasonable help under section 173(3)(f) 5
must comply with the requirement, unless the person has a reasonable 6
excuse. 7
Maximum penalty--50 penalty units. 8
(2) If an individual is required under section 173(3)(f) to give 9
information, or produce a document, it is a reasonable excuse for the 10
individual not to comply with the requirement that complying with the 11
requirement might tend to incriminate the individual. 12
175 Failure to give information 13
(1) A person of whom a requirement is made under section 173(3)(g) 14
must comply with the requirement, unless the person has a reasonable 15
excuse. 16
Maximum penalty--50 penalty units. 17
(2) It is a reasonable excuse for an individual not to comply with the 18
requirement that complying with the requirement might tend to incriminate 19
the individual. 20
Subdivision 4--Power to seize evidence 21
176 Seizing evidence at a place that may be entered without consent or 22
warrant 23
An inspector who enters a place that may be entered under this division 24
without the consent of the occupier and without a warrant, may seize a 25
thing at the place if the inspector reasonably believes the thing is evidence 26
of an offence against this Act. 27
s 177 105 s 178
Dental Practitioners Registration Bill 2001
177 Seizing evidence at a place that may only be entered with consent 1
or warrant 2
(1) This section applies if-- 3
(a) an inspector is authorised to enter a place under this division only 4
with the consent of the occupier of the place or a warrant; and 5
(b) the inspector enters the place after obtaining the necessary 6
consent or warrant. 7
(2) If the inspector enters the place with the occupier's consent, the 8
inspector may seize a thing at the place if-- 9
(a) the inspector reasonably believes the thing is evidence of an 10
offence against this Act; and 11
(b) seizure of the thing is consistent with the purpose of entry as told 12
to the occupier when asking for the occupier's consent. 13
(3) If the inspector enters the place with a warrant, the inspector may 14
seize the evidence for which the warrant was issued. 15
(4) The inspector also may seize anything else at the place if the 16
inspector reasonably believes-- 17
(a) the thing is evidence of an offence against this Act; and 18
(b) the seizure is necessary to prevent the thing being-- 19
(i) hidden, lost or destroyed; or 20
(ii) used to continue, or repeat, the offence. 21
(5) Also, the inspector may seize a thing at the place if the inspector 22
reasonably believes it has just been used in committing an offence against 23
this Act. 24
178 Securing seized things 25
Having seized a thing, an inspector may-- 26
(a) move the thing from the place where it was seized (the "place of 27
seizure"); or 28
(b) leave the thing at the place of seizure but take reasonable action 29
to restrict access to it. 30
s 179 106 s 181
Dental Practitioners Registration Bill 2001
1
Examples of restricting access to a thing--
2
1. Sealing a thing and marking it to show access to it is restricted.
3
2. Sealing the entrance to a room where the seized thing is situated and marking the
4
entrance to show access to the room is restricted.
179 Tampering with seized things 5
If an inspector restricts access to a seized thing, a person must not 6
tamper, or attempt to tamper, with the thing, or something restricting access 7
to the thing, without an inspector's approval. 8
Maximum penalty--100 penalty units. 9
180 Powers to support seizure 10
(1) To enable a thing to be seized, an inspector may require the person in 11
control of it-- 12
(a) to take it to a stated reasonable place by a stated reasonable time; 13
and 14
(b) if necessary, to remain in control of it at the stated place for a 15
reasonable time. 16
(2) The requirement-- 17
(a) must be made by notice in the approved form; or 18
(b) if for any reason it is not practicable to give the notice, may be 19
made orally and confirmed by notice in the approved form as 20
soon as practicable. 21
(3) A further requirement may be made under this section about the 22
same thing if it is necessary and reasonable to make the further 23
requirement. 24
(4) A person of whom a requirement is made under subsection (1) or (3) 25
must comply with the requirement, unless the person has a reasonable 26
excuse. 27
Maximum penalty for subsection (4)--50 penalty units. 28
181 Receipts for seized things 29
(1) As soon as practicable after an inspector seizes a thing, the inspector 30
must give a receipt for it to the person from whom it was seized. 31
s 182 107 s 182
Dental Practitioners Registration Bill 2001
(2) However, if for any reason it is not practicable to comply with 1
subsection (1), the inspector must leave the receipt at the place of seizure in 2
a conspicuous position and in a reasonably secure way. 3
(3) The receipt must describe generally each thing seized and its 4
condition. 5
(4) This section does not apply to a thing if it is impracticable or would 6
be unreasonable to give the receipt, given the thing's nature, condition and 7
value. 8
182 Forfeiture of seized things 9
(1) A seized thing is forfeited to the State if the inspector who seized the 10
thing-- 11
(a) can not find its owner, after making reasonable inquiries; or 12
(b) can not return it to its owner, after making reasonable efforts; or 13
(c) reasonably believes it is necessary to retain the thing to prevent it 14
being used to commit an offence against this Act. 15
(2) In applying subsection (1)-- 16
(a) subsection (1)(a) does not require the inspector to make inquiries 17
if it would be unreasonable to make inquiries to find the owner; 18
and 19
(b) subsection (1)(b) does not require the inspector to make efforts if 20
it would be unreasonable to make efforts to return the thing to its 21
owner. 22
(3) If the inspector makes a decision under subsection (1)(c), resulting in 23
the seized thing being forfeited to the State, the inspector must immediately 24
give the owner an information notice for the decision. 25
(4) Subsection (3) does not apply if-- 26
(a) the inspector can not find the owner, after making reasonable 27
inquiries; or 28
(b) it is impracticable or would be unreasonable to give the 29
information notice. 30
(5) Regard must be had to a thing's nature, condition and value-- 31
(a) in deciding-- 32
(i) whether it is reasonable to make inquiries or efforts; and 33
s 183 108 s 184
Dental Practitioners Registration Bill 2001
(ii) if making inquiries or efforts, what inquiries or efforts, 1
including the period over which they are made, are 2
reasonable; or 3
(b) in deciding whether it would be unreasonable to give the 4
information notice. 5
183 Forfeiture on conviction 6
(1) On the conviction of a person for an offence against this Act, the 7
court may order the forfeiture to the State of-- 8
(a) anything used to commit the offence; or 9
(b) anything else the subject of the offence. 10
(2) The court may make the order-- 11
(a) whether or not the thing has been seized; and 12
(b) if the thing has been seized, whether or not the thing has been 13
returned to its owner. 14
(3) The court may make any order to enforce the forfeiture it considers 15
appropriate. 16
(4) This section does not limit the court's powers under the Penalties 17
and Sentences Act 1992 or another law. 18
184 Dealing with forfeited things etc. 19
(1) On the forfeiture of a thing to the State, the thing becomes the State's 20
property and may be dealt with by the executive officer as the executive 21
officer considers appropriate. 22
(2) Without limiting subsection (1), the executive officer may destroy or 23
dispose of the thing. 24
(3) Despite subsection (1), the executive officer must not deal with the 25
thing in a way that could prejudice the outcome of-- 26
(a) an appeal started under section 199(3); or 27
(b) another appeal, relevant to the thing, of which the executive 28
officer is aware. 29
s 185 109 s 187
Dental Practitioners Registration Bill 2001
185 Return of seized things 1
(1) If a seized thing has not been forfeited, the inspector must return it to 2
its owner-- 3
(a) at the end of 6 months; or 4
(b) if a proceeding for an offence involving the thing is started within 5
6 months, at the end of the proceeding and any appeal from the 6
proceeding. 7
(2) Despite subsection (1), unless the thing has been forfeited, the 8
inspector must immediately return a thing seized as evidence to its owner if 9
the inspector stops being satisfied its continued retention as evidence is 10
necessary. 11
186 Access to seized things 12
(1) Until a seized thing is forfeited or returned, an inspector must allow 13
its owner to inspect it and, if it is a document, to copy it. 14
(2) Subsection (1) does not apply if it is impracticable or would be 15
unreasonable to allow the inspection or copying. 16
Subdivision 5--Power to obtain information 17
187 Power to require name and address 18
(1) This section applies if-- 19
(a) an inspector finds a person committing an offence against this 20
Act; or 21
(b) an inspector finds a person in circumstances that lead, or has 22
information that leads, the inspector to reasonably suspect the 23
person has just committed an offence against this Act. 24
(2) The inspector may require the person to state the person's name and 25
residential address. 26
(3) When making the requirement, the inspector must warn the person it 27
is an offence to fail to state the person's name or residential address, unless 28
the person has a reasonable excuse. 29
s 188 110 s 190
Dental Practitioners Registration Bill 2001
(4) The inspector may require the person to give evidence of the 1
correctness of the stated name or residential address if the inspector 2
reasonably suspects the stated name or address is false. 3
(5) A requirement under subsection (2) or (4) is called a "personal 4
details requirement". 5
188 Failure to give name or address 6
(1) A person of whom a personal details requirement is made must 7
comply with the requirement, unless the person has a reasonable excuse. 8
Maximum penalty--50 penalty units. 9
(2) A person does not commit an offence against subsection (1) if-- 10
(a) the person was required to state the person's name and residential 11
address by an inspector who suspected the person had committed 12
an offence against this Act; and 13
(b) the person is not proved to have committed the offence. 14
189 Power to require production of documents 15
(1) An inspector may require a person to make available for inspection 16
by an inspector, or produce to the inspector for inspection, at a reasonable 17
time and place nominated by the inspector a document issued to the person 18
under this Act. 19
(2) The inspector may keep the document to copy it. 20
(3) The inspector must return the document to the person as soon as 21
practicable after copying it. 22
(4) While the document is in the inspector's possession, the inspector 23
must allow it to be inspected or copied, at a reasonable time, by a person 24
who would be entitled to inspect or copy it were it not in the inspector's 25
possession. 26
(5) A requirement under subsection (1) is called a "document 27
production requirement". 28
190 Failure to produce document 29
(1) A person of whom a document production requirement is made must 30
comply with the requirement, unless the person has a reasonable excuse. 31
s 191 111 s 192
Dental Practitioners Registration Bill 2001
Maximum penalty--50 penalty units. 1
(2) It is not a reasonable excuse for an individual not to comply with a 2
document production requirement if complying with the requirement might 3
tend to incriminate the individual. 4
191 Power to require information 5
(1) This section applies if an inspector reasonably believes-- 6
(a) an offence against this Act has been committed; and 7
(b) a person may be able to give information about the offence. 8
(2) The inspector may, by notice given to the person, require the person 9
to give information, including a document, about the offence to the 10
inspector at a stated reasonable time and place. 11
(3) The person must comply with a requirement under subsection (2), 12
unless the person has a reasonable excuse. 13
Maximum penalty--50 penalty units. 14
(4) For this section, it is a reasonable excuse for an individual to fail to 15
give information that giving the information might tend to incriminate the 16
individual. 17
Division 4--General enforcement matters 18
192 Notice of damage 19
(1) This section applies if-- 20
(a) an inspector damages property when exercising or purporting to 21
exercise a power; or 22
(b) a person (the "other person") acting under the direction of an 23
inspector damages property. 24
(2) The inspector must immediately give notice of particulars of the 25
damage to the person who appears to the inspector to be the owner of the 26
property. 27
(3) If the inspector believes the damage was caused by a latent defect in 28
the property or circumstances beyond the inspector's or other person's 29
control, the inspector may state the belief in the notice. 30
s 193 112 s 194
Dental Practitioners Registration Bill 2001
(4) If, for any reason, it is impracticable to comply with subsection (2), 1
the inspector must leave the notice in a conspicuous position and in a 2
reasonably secure way where the damage happened. 3
(5) This section does not apply to damage the inspector reasonably 4
believes is trivial. 5
(6) In this section-- 6
"owner", of property, includes the person in possession or control of it. 7
193 Compensation 8
(1) A person may claim from the board the cost of repairing or replacing 9
property damaged because of the exercise or purported exercise of a power 10
under any of the following subdivisions of division 342-- 11
· subdivision 1 (Entry of places) 12
· subdivision 3 (Powers after entry) 13
· subdivision 4 (Power to seize evidence). 14
(2) Without limiting subsection (1), compensation may be claimed for 15
loss or expense incurred in complying with a requirement made of the 16
person under the subdivision. 17
(3) Compensation may be claimed and ordered to be paid in a 18
proceeding-- 19
(a) brought in a court with jurisdiction for the recovery of the 20
amount of compensation claimed; or 21
(b) for an offence against this Act brought against the person 22
claiming compensation. 23
(4) A court may order compensation to be paid only if it is satisfied it is 24
just to make the order in the circumstances of the particular case. 25
194 False or misleading information 26
A person must not give information to an inspector the person knows is 27
false or misleading in a material particular. 28
Maximum penalty--50 penalty units. 29
42 Division 3 (Powers of inspectors)
s 195 113 s 197
Dental Practitioners Registration Bill 2001
195 False or misleading documents 1
(1) A person must not give an inspector a document containing 2
information the person knows is false or misleading in a material 3
particular. 4
Maximum penalty--50 penalty units. 5
(2) Subsection (1) does not apply to a person if the person, when giving 6
the document-- 7
(a) tells the inspector, to the best of the person's ability, how it is 8
false or misleading; and 9
(b) if the person has, or can reasonably obtain, the correct 10
information, gives the correct information. 11
196 Obstructing inspectors 12
(1) A person must not obstruct an inspector in the exercise of a power, 13
unless the person has a reasonable excuse. 14
Maximum penalty--100 penalty units. 15
(2) If a person has obstructed an inspector and the inspector decides to 16
proceed with the exercise of the power, the inspector must warn the person 17
that-- 18
(a) it is an offence to obstruct the inspector, unless the person has a 19
reasonable excuse; and 20
(b) the inspector considers the person's conduct is an obstruction. 21
(3) In this section-- 22
"obstruct" includes hinder and attempt to obstruct or hinder. 23
197 Impersonation of inspectors 24
A person must not pretend to be an inspector. 25
Maximum penalty--50 penalty units. 26
s 198 114 s 200
Dental Practitioners Registration Bill 2001
PART 6--APPEALS 1
198 Who may appeal 2
(1) A person (the "appellant") who is given, or is entitled to be given, 3
an information notice for a decision (the "original decision") may appeal 4
against the decision to the District Court.43 5
(2) To help users of this Act, schedule 1 identifies the decisions for 6
which an information notice must be given under this Act. 7
199 Starting appeals 8
(1) The appeal may be started at-- 9
(a) the District Court at the place where the person resides or carries 10
on business; or 11
(b) the District Court at Brisbane. 12
(2) Subsection (1) does not limit the District Court at which the appeal 13
may be started under the Uniform Civil Procedure Rules 1999. 14
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 15
must be filed with the registrar of the court within 28 days after-- 16
(a) if the appellant is given an information notice for the original 17
decision--the day the appellant is given the notice; or 18
(b) if paragraph (a) does not apply--the day the person otherwise 19
becomes aware of the original decision. 20
(4) The court may, at any time, extend the period for filing the notice of 21
appeal. 22
200 Hearing procedures 23
(1) In deciding the appeal, the court-- 24
(a) has the same powers as the person who made the original 25
decision; and 26
(b) is not bound by the rules of evidence; and 27
43 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 201 115 s 201
Dental Practitioners Registration Bill 2001
(c) must comply with natural justice. 1
(2) The appeal is by way of rehearing, unaffected by the original 2
decision, on the material before the person who made the original decision 3
and any further evidence allowed by the court. 4
201 Powers of court on appeal 5
(1) In deciding the appeal, the court may-- 6
(a) confirm the original decision; or 7
(b) amend the original decision; or 8
(c) substitute another decision for the original decision; or 9
(d) set aside the original decision and return the issue to the board 10
with the directions the court considers appropriate. 11
(2) In substituting another decision for the original decision, the court 12
has the same powers as the person who made the original decision. 13
14
Example--
15
The court may decide that an unsuccessful applicant for general registration be
16
registered either unconditionally or on particular conditions.
(3) If the court amends the original decision or substitutes another 17
decision for the original decision, the amended or substituted decision is, 18
for this Act (other than this part) taken to be the decision of the person who 19
made the original decision. 20
(4) If the court decides to impose conditions on a registration, the court 21
must-- 22
(a) state the reasons for the decision; and 23
(b) if the registration is a general registration or specialist 24
registration, decide and state the review period applying to the 25
conditions.44 26
(5) If the court decides to impose conditions on a registration because of 27
the registrant's mental and physical health, it must also decide whether 28
details of the conditions must be recorded in the register for the period for 29
which the conditions are in force. 30
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 202 116 s 204
Dental Practitioners Registration Bill 2001
(6) The court must decide not to record details of the conditions 1
mentioned in subsection (5) in the register unless it reasonably believes it is 2
in the interests of users of the registrant's services or the public to know the 3
details. 4
202 Appointment of assessors 5
(1) If the court is of the opinion that the appeal involves a question of 6
special knowledge and skill, the court may appoint 1 or more assessors 7
who in the court's opinion possess the special qualifications necessary for 8
the particular case to assist the court in its deciding the appeal. 9
(2) An assessor may advise the court on any matter, but all questions of 10
law and fact are to be decided by the court. 11
(3) The court may give the weight to the advice that it considers 12
appropriate. 13
PART 7--LEGAL PROCEEDINGS 14
Division 1--Evidence 15
203 Application of division 16
This division applies to a proceeding under this Act. 17
204 Appointments and authority 18
It is not necessary to prove-- 19
(a) an inspector's, or member's, appointment; or 20
(b) the executive officer's appointment; or 21
(c) the authority of an inspector, a member, the executive officer or a 22
member of the office's staff to do anything under this Act. 23
s 205 117 s 206
Dental Practitioners Registration Bill 2001
205 Signatures 1
A signature purporting to be the signature of the Minister, the 2
chairperson, a member, an inspector, the executive officer or a member of 3
the office's staff is evidence of the signature it purports to be. 4
206 Evidentiary provisions 5
A certificate purporting to be signed by the executive officer and stating 6
any of the following matters is evidence of the matter-- 7
(a) a stated document is one of the following things made, given, 8
issued or kept under this Act-- 9
(i) an appointment, approval or decision; 10
(ii) a notice, direction or requirement; 11
(iii) a certificate of registration; 12
(iv) a record, or an extract from a record; 13
(v) the register, or an extract from the register; 14
(b) a stated document is another document kept under this Act; 15
(c) a stated document is a copy of a thing mentioned in paragraph (a) 16
or (b); 17
(d) on a stated day, or during a stated period, a stated person was or 18
was not a registrant; 19
(e) on a stated day, or during a stated period, a registration-- 20
(i) was or was not in force; or 21
(ii) was or was not subject to a stated condition; 22
(f) on a stated day, a registration was cancelled; 23
(g) on a stated day, or during a stated period, an appointment as an 24
inspector was, or was not, in force for a stated person; 25
(h) on a stated day, a stated person was given a stated notice or 26
direction under this Act; 27
(i) on a stated day, a stated requirement was made of a stated person. 28
s 207 118 s 208
Dental Practitioners Registration Bill 2001
Division 2--Proceedings 1
207 Indictable and summary offences 2
(1) An offence against section 15645 is an indictable offence. 3
(2) Any other offence against this Act is a summary offence. 4
208 Proceedings for indictable offences 5
(1) A proceeding for an indictable offence against this Act may be taken, 6
at the election of the prosecution-- 7
(a) by way of summary proceeding under the Justices Act 1886; or 8
(b) on indictment. 9
(2) A magistrate must not hear an indictable offence summarily if-- 10
(a) the defendant asks at the start of the hearing that the charge be 11
prosecuted on indictment; or 12
(b) the magistrate considers the charge should be prosecuted on 13
indictment. 14
(3) If subsection (2) applies-- 15
(a) the magistrate must proceed by way of an examination of 16
witnesses for an indictable offence; and 17
(b) a plea of the person charged at the start of the proceeding must be 18
disregarded; and 19
(c) evidence brought in the proceeding before the magistrate decided 20
to act under subsection (2) is taken to be evidence in the 21
proceeding for the committal of the person for trial or sentence; 22
and 23
(d) before committing the person for trial or sentence, the magistrate 24
must make a statement to the person as required by the Justices 25
Act 1886, section 104(2)(b).46 26
45 Section 156 (Offence for taking reprisal)
46 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 209 119 s 213
Dental Practitioners Registration Bill 2001
209 Limitation on who may summarily hear indictable offence 1
(1) The proceeding must be before a magistrate if it is a proceeding-- 2
(a) for the summary conviction of a person on a charge for an 3
indictable offence; or 4
(b) for an examination of witnesses for a charge for an indictable 5
offence. 6
(2) However, if the proceeding is brought before a justice who is not a 7
magistrate, jurisdiction is limited to taking or making a procedural action 8
or order within the meaning of the Justices of the Peace and 9
Commissioners for Declarations Act 1991. 10
210 Limitation on time for starting summary proceedings 11
A proceeding for a summary offence against this Act by way of 12
summary proceeding under the Justices Act 1886 must start-- 13
(a) within 1 year after the commission of the offence; or 14
(b) within 6 months after the offence comes to the complainant's 15
knowledge, but within 2 years after the commission of the 16
offence. 17
211 Allegations of false or misleading information or documents 18
In any proceeding for an offence against this Act defined as involving 19
false or misleading information, or a false or misleading document, it is 20
enough for a charge to state that the information or document was, without 21
specifying which, `false or misleading'. 22
212 Penalties to be paid to board 23
All penalties recovered as a result of proceedings for offences against 24
this Act brought by the board must be ordered to be paid to the board. 25
213 Responsibility for acts or omissions of representatives 26
(1) This section applies in a proceeding for an offence against this Act. 27
(2) If it is relevant to prove a person's state of mind about a particular act 28
or omission, it is enough to show-- 29
s 214 120 s 214
Dental Practitioners Registration Bill 2001
(a) the act was done or omitted to be done by a representative of the 1
person within the scope of the representative's actual or apparent 2
authority; and 3
(b) the representative had the state of mind. 4
(3) An act done or omitted to be done for a person by a representative of 5
the person within the scope of the representative's actual or apparent 6
authority is taken to have been done or omitted to be done also by the 7
person, unless the person proves the person could not, by the exercise of 8
reasonable diligence, have prevented the act or omission. 9
(4) In this section-- 10
"representative" means-- 11
(a) for a corporation--an executive officer, employee or agent of the 12
corporation; or 13
(b) for an individual--an employee or agent of the individual. 14
"state of mind" of a person includes-- 15
(a) the person's knowledge, intention, opinion, belief or purpose; 16
and 17
(b) the person's reasons for the intention, opinion, belief or purpose. 18
214 Executive officers must ensure corporation complies with Act 19
(1) The executive officers of a corporation must ensure the corporation 20
complies with this Act. 21
(2) If a corporation commits an offence against a provision of this Act, 22
each of the corporation's executive officers also commits an offence, 23
namely, the offence of failing to ensure the corporation complies with the 24
provision. 25
Maximum penalty--the penalty for the contravention of the provision by 26
an individual. 27
(3) Evidence that the corporation has been convicted of an offence 28
against a provision of this Act is evidence that each of the executive 29
officers committed the offence of failing to ensure the corporation 30
complies with the provision. 31
(4) However, it is a defence for an executive officer to prove-- 32
s 215 121 s 215
Dental Practitioners Registration Bill 2001
(a) if the officer was in a position to influence the conduct of the 1
corporation in relation to the offence, the officer exercised 2
reasonable diligence to ensure the corporation complied with the 3
provision; or 4
(b) the officer was not in a position to influence the conduct of the 5
corporation in relation to the offence. 6
PART 8--REGISTER, RECORDS AND INFORMATION 7
Division 1--Register 8
215 Register to be kept 9
(1) The board must keep a register about registrants. 10
(2) The register may be kept in the way the board considers appropriate, 11
including, for example, in an electronic form. 12
(3) The register must contain the following details for each registrant-- 13
(a) the registrant's name; 14
(b) an address of the registrant notified by the registrant to the board; 15
(c) whether the registrant is a general registrant, provisional general 16
registrant, specialist registrant, provisional specialist registrant, 17
special purpose registrant or provisional special purpose 18
registrant; 19
(d) the qualification relied on by the registrant to obtain registration; 20
(e) if the registrant is a special purpose registrant or provisional 21
special purpose registrant-- 22
(i) details of the special activity for which the registrant is 23
registered; and 24
(ii) if the special activity involves the practice of a specialty, 25
details of the specialty; 26
(f) if the registrant is a specialist registrant or provisional specialist 27
registrant--the specialty in which the registrant is registered; 28
s 216 122 s 217
Dental Practitioners Registration Bill 2001
(g) 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
(h) any other information required to be recorded in the register 8
under the Health Practitioners (Professional Standards) Act 9
1999; 10
(i) other details prescribed under a regulation. 11
(4) For subsection (3)(i), the fact or details must be recorded in the 12
register for the period the conditions are in force. 13
216 Inspection of register 14
(1) The board must-- 15
(a) keep the register open for inspection, free of charge, at the office 16
by members of the public during ordinary office hours; and 17
(b) give a person a copy of the register, or a part of it, on payment of 18
the fee prescribed under a regulation. 19
(2) Subsection (1) does not apply to details of the residential address of a 20
registrant, unless the registrant gives notice to the board that he or she 21
agrees to the details being able to be inspected. 22
Division 2--Records to be kept 23
217 Records 24
(1) The board must keep records of the following details about each 25
registrant or former registrant-- 26
(a) if the registration was affected under the Health Practitioners 27
(Professional Standards) Act 1999, details of the way it was 28
affected and the reason for it being affected; 29
(b) if the registration was cancelled under this Act, the fact of, and 30
the reason for, the cancellation; 31
s 218 123 s 218
Dental Practitioners Registration Bill 2001
(c) if conditions were, under this Act, imposed on the registration, 1
details of the conditions and the reasons for their imposition; 2
(d) other details prescribed under a regulation. 3
(2) The records must be kept for at least 10 years. 4
Division 3--Information 5
218 Confidentiality of information 6
(1) This section applies to a person (the "relevant person") who is or 7
was-- 8
(a) a member; or 9
(b) a member of a committee; or 10
(c) appointed by the board to conduct a health assessment of another 11
person; or 12
(d) an inspector; or 13
(e) the executive officer or a member of the office's staff; or 14
(f) otherwise involved in the administration of this Act. 15
(2) This section applies to information about a person obtained by the 16
relevant person in the course of performing the relevant person's functions 17
under this Act. 18
(3) The relevant person must not disclose the information to anyone else. 19
Maximum penalty--100 penalty units. 20
(4) However, the relevant person may disclose the information to 21
someone else-- 22
(a) to the extent necessary to perform the relevant person's functions 23
under or relating to this Act or the Health Practitioners 24
(Professional Standards) Act 1999; or 25
(b) if the disclosure is authorised under this or another Act; or 26
(c) if the disclosure is otherwise required or permitted by law; or 27
(d) if the person to whom the information relates agrees to the 28
disclosure; or 29
s 219 124 s 219
Dental Practitioners Registration Bill 2001
(e) if the disclosure is in a form that does not disclose the identity of 1
a person; or 2
(f) if the information is, or has been, accessible to the public, 3
including, for example, because it is or was recorded in the 4
register; or 5
(g) if the disclosure is to a foreign regulatory authority and the 6
disclosure is necessary for the authority to perform its functions; 7
or 8
(h) if the disclosure is to the Minister to allow the Minister to act 9
under paragraph (i); or 10
(i) if the Minister considers the disclosure is in the public interest 11
and authorises the relevant person to disclose the information. 12
(5) If the Minister authorises information to be disclosed under 13
subsection (4)(i) about a matter concerning a registrant, the Minister must 14
inform the board of the authorisation and its purpose. 15
(6) In this section-- 16
"information", about a person, means-- 17
(a) information about the person's health that identifies, or is likely 18
to identify, the person; or 19
(b) information about the person's criminal history obtained under a 20
request under section 45(4). 21
219 Board's annual report must disclose authorisation 22
(1) This section applies if the board is given information, under 23
section 218(5), in a financial year about an authorisation. 24
(2) The board must include a statement about the authorisation in its 25
annual report under the Financial Administration and Audit Act 1977 for 26
the financial year. 27
(3) The statement must include general details about-- 28
(a) the nature of the information disclosed under the authorisation; 29
and 30
(b) the purpose for which the information was disclosed. 31
(4) However, the statement must not identify any person. 32
s 220 125 s 222
Dental Practitioners Registration Bill 2001
PART 9--MISCELLANEOUS 1
Division 1--Abandoned, and other, health records 2
220 Definitions for div 1 3
In this division-- 4
"health records" means documents, recording the health history, 5
condition and treatment of users of the professional services provided 6
by a person, made in the course of the person's practice of the 7
profession. 8
"possess", a health record, includes having the record under control in any 9
place, whether or not another person has custody of the record. 10
221 Board may take possession of abandoned health records 11
(1) This section applies if the board suspects on reasonable grounds that 12
health records have been abandoned. 13
(2) The board may take and keep possession of the records to be dealt 14
with under this division. 15
(3) For taking possession of the records, the board may give notice to the 16
occupier of the place where the records are situated to deliver the records to 17
the board to be dealt with under this division. 18
(4) The notice must state that the requirement must be complied with 19
within a period of 14 days after the occupier receives the notice. 20
(5) The occupier must comply with the requirement within the stated 21
period, unless the occupier has a reasonable excuse. 22
Maximum penalty for subsection (5)--50 penalty units. 23
222 Health records forming part of deceased estate 24
(1) This section applies if health records form part of a deceased estate. 25
(2) The personal representative of the deceased person concerned may 26
deliver the records into the possession of the board to be dealt with under 27
this division. 28
s 223 126 s 225
Dental Practitioners Registration Bill 2001
223 Health records of persons convicted of an offence against s 140(1) 1
or (6), 141(1) or 143 2
(1) This section applies to a person who is convicted of an offence 3
against section 140(1) or (6), 141(1) or 143.47 4
(2) The board may give the person notice to deliver health records in the 5
possession or control of the person into the possession of the board to be 6
dealt with under this division. 7
(3) The person must within 14 days after receiving the notice deliver the 8
records into the possession of the board. 9
Maximum penalty--50 penalty units. 10
(4) If the person does not comply with the notice, the board may take 11
and keep possession of the records. 12
224 Dealing with certain health records seized under s 176 or 177 13
(1) This section applies if, under section 176 or 177,48 an inspector seizes 14
health records that the board may take and keep possession of under 15
section 221 or 223. 16
(2) The inspector must deliver the health records into the possession of 17
the board to be dealt with under this division. 18
(3) Sections 182, 185 and 18649 do not apply to health records delivered 19
to the board under subsection (2). 20
225 How board may deal with health records 21
(1) This section applies if the board takes possession of a health record 22
under this division. 23
(2) The board may-- 24
(a) give the record to the person to whom the record relates; or 25
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)
49 Sections 182 (Forfeiture of seized things), 185 (Return of seized things) and
186 (Access to seized things)
s 226 127 s 227
Dental Practitioners Registration Bill 2001
(b) if directed by the person, give the record to a registrant under a 1
health practitioner registration Act chosen by the person; or 2
(c) if the board can not find the person after making reasonable 3
inquiries, keep the record; or 4
(d) if the board can not find the person, after making reasonable 5
inquiries, and decides it is no longer necessary to keep the 6
record, destroy the record. 7
(3) To remove doubt, it is declared that the board is taken to be keeping a 8
health record if another body stores the record on its behalf. 9
226 Destruction of health records 10
(1) This section applies if the board destroys a health record under 11
section 225(2)(d). 12
(2) Compensation is not recoverable against the board because of the 13
destruction of the record. 14
Division 2--Continuing professional education of registrants 15
227 Continuing professional education programs 16
(1) The board may develop or recognise a program for the continuing 17
professional education of registrants. 18
(2) The board must give notice to all registrants, to whom the program is 19
relevant, of details of the program. 20
(3) The program may state the minimum continuing professional 21
education requirements a registrant needs to satisfy, in a stated period, to 22
keep up-to-date with developments in the practice of the profession. 23
(4) A registrant who has satisfied the requirements in the stated period 24
may advertise this fact. 25
(5) A registrant who has not satisfied the requirements in the stated 26
period must not advertise that the registrant has satisfied the requirements. 27
Maximum penalty for subsection (5)--50 penalty units. 28
s 228 128 s 229
Dental Practitioners Registration Bill 2001
Division 3--Declared events 1
228 Definitions for div 3 2
In this division-- 3
"declaration period" see section 229(3). 4
"declared event" means an event declared to be a declared event under 5
section 229(1). 6
"interstate law" means a law of another State that provides for the same 7
matter as this Act. 8
"local practitioner" means a person registered under this Act. 9
"participant" means a person who is officially participating in, or 10
preparing for, a declared event. 11
"prepare" includes the following-- 12
(a) train; 13
(b) practise; 14
(c) rehearse; 15
(d) acclimatise. 16
"visiting practitioner", in relation to a declared event, means a person 17
who-- 18
(a) is not a local practitioner; and 19
(b) is registered under an interstate law; and 20
(c) is appointed, employed, contracted or otherwise engaged to 21
provide professional services to a participant in relation to the 22
event. 23
229 Declaration of events 24
(1) The Minister may, by notice, declare a sporting, cultural or other 25
event to be a declared event for this Act. 26
(2) The notice must be for an event taking place, or to take place, in the 27
State that will or is likely to attract a significant number of participants. 28
(3) The notice must state a period during which the declaration is to 29
remain in force (the "declaration period"). 30
s 230 129 s 230
Dental Practitioners Registration Bill 2001
(4) The declaration period for the declared event may include a period 1
before or after the declared event takes place. 2
(5) The notice is subordinate legislation. 3
230 Deemed general or specialist registration of visiting practitioners 4
(1) This section applies to a visiting practitioner in relation to a declared 5
event. 6
(2) Subject to subsections (4) and (5), during the declaration period for 7
the event, the practitioner is taken to be the following kind of registrant in 8
relation to the provision of professional services to a participant in the 9
event-- 10
(a) if the practitioner's registration under an interstate law is 11
equivalent to general registration under this Act--a general 12
registrant; 13
(b) if the practitioner's registration under an interstate law is 14
equivalent to specialist registration under this Act in a 15
specialty--a specialist registrant in the specialty. 16
(3) The practitioner's deemed general or specialist registration under 17
subsection (2) is taken to be subject to any conditions of the practitioner's 18
relevant registration under an interstate law. 19
(4) Part 3, divisions 4 to 8 and 1050 do not apply to the practitioner while 20
the practitioner is taken, under subsection (2), to be a general or specialist 21
registrant. 22
(5) The practitioner is not taken to be a registrant for the operation of 23
sections 37(1)(b) and 215.51 24
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 231 130 s 232
Dental Practitioners Registration Bill 2001
Division 4--Other provisions 1
231 Protecting officials from liability 2
(1) An official is not civilly liable for an act done, or omission made, 3
honestly and without negligence under this Act. 4
(2) If subsection (1) prevents a civil liability attaching to an official, the 5
liability attaches instead to the board. 6
(3) In this section-- 7
"official" means-- 8
(a) a member; or 9
(b) a committee member who is not a board member; or 10
(c) the executive officer; or 11
(d) a person appointed by the board to conduct a health assessment 12
of another person; or 13
(e) an inspector; or 14
(f) a person acting under the direction or authority of an inspector. 15
232 False or misleading information or documents 16
(1) A person must not give information to the board the person knows is 17
false or misleading in a material particular. 18
Maximum penalty--50 penalty units. 19
(2) A person must not give the board a document containing information 20
the person knows is false or misleading in a material particular. 21
Maximum penalty--50 penalty units. 22
(3) Subsection (2) does not apply to a person if the person, when giving 23
the document-- 24
(a) tells the board, to the best of the person's ability, how it is false or 25
misleading; and 26
(b) if the person has, or can reasonably obtain, the correct 27
information, gives the correct information. 28
s 233 131 s 237
Dental Practitioners Registration Bill 2001
233 Certificates etc. not to be false or misleading 1
A registrant must not, in the registrant's professional capacity, sign or 2
give to another person, a certificate, notice, report or other document the 3
registrant knows is false or misleading in a material particular. 4
Maximum penalty--50 penalty units. 5
234 Application of provisions 6
(1) This section applies if a provision of this Act applies another 7
provision of this Act for a purpose. 8
(2) The other provision, and any definition relevant to the other 9
provision, apply with any necessary changes. 10
(3) Subsection (2) is not limited merely because a provision states how 11
the other provision is to apply. 12
235 Approval of forms 13
The board may approve forms for use under this Act. 14
236 Examination fees 15
A person who sits an examination set and administered by the board 16
under this Act must, before sitting the examination, pay the board the fee 17
for the examination prescribed under a regulation. 18
237 Regulation-making power 19
(1) The Governor in Council may make regulations under this Act. 20
(2) A regulation may be made about the following-- 21
(a) fees, including the refunding of fees, for this Act; 22
(b) imposing a penalty of not more than 20 penalty units for a 23
contravention of a provision of a regulation. 24
(3) Without limiting subsection (2)(a), a regulation may prescribe 25
amounts as fees having regard to the costs of the board performing its 26
functions under, or complying with-- 27
s 238 132 s 240
Dental Practitioners Registration Bill 2001
(a) an Act in the legislative scheme; or 1
(b) another Act. 2
PART 10--REPEAL, TRANSITIONAL AND SAVINGS 3
PROVISIONS 4
Division 1--Repeal 5
238 Repeal of Dental Act 1971 6
The Dental Act 1971 (1971 Act No. 61) is repealed. 7
Division 2--Transitional provisions 8
239 Definitions for div 2 9
In this division-- 10
"column 1 registration" see section 250(1). 11
"column 2 registration" see section 250(2). 12
"commencement" means commencement of this section. 13
"former board" means the Dental Board of Queensland under the 14
repealed Act. 15
"item", followed by a number, in relation to a column 1 or 2 registration, 16
means the column 1 or 2 registration identified in the table in 17
section 250(1) by the item number. 18
240 References to repealed Act or former board 19
(1) In an Act or document, a reference to the repealed Act may, if the 20
context permits, be taken as a reference to this Act. 21
(2) A reference in an Act or document to the former board may, if the 22
context permits, be taken as a reference to the board. 23
s 241 133 s 245
Dental Practitioners Registration Bill 2001
241 Board is the legal successor 1
(1) The board is the successor in law of the former board. 2
(2) Sections 242 to 246 do not limit subsection (1). 3
242 Assets and liabilities etc. 4
On the commencement-- 5
(a) the assets and liabilities of the former board become assets and 6
liabilities of the board; and 7
(b) any contracts entered into by or on behalf of the former board 8
and all guarantees, undertakings and securities given by or on 9
behalf of the former board, in force immediately before the 10
commencement, are taken to have been entered into or given by 11
or to the board and may be enforced against or by the board; and 12
(c) any property that, immediately before the commencement, was 13
held on trust, or subject to a condition, by the former board 14
continues to be held by the board on the same trusts, or subject to 15
the same condition. 16
243 Service agreements 17
A service agreement entered into by the former board, in force 18
immediately before the commencement, is taken to have been entered into 19
by the board. 20
244 Proceedings 21
A proceeding that could have been started or continued by or against the 22
former board before the commencement may be started or continued by or 23
against the board. 24
245 Dealing with matter under Health Practitioners (Professional 25
Standards) Act 1999 26
A matter that had started to be, or could have been, dealt with under the 27
Health Practitioners (Professional Standards) Act 1999 by the former 28
board before the commencement may be continued, or started, to be dealt 29
with by the board. 30
s 246 134 s 247
Dental Practitioners Registration Bill 2001
246 Offences 1
(1) Proceedings for an offence against the repealed Act may be 2
continued, or started by the board, and the provisions of the repealed Act 3
and the Medical Act and Other Acts (Administration) Act 1966 necessary 4
or convenient to be used in relation to the proceedings continue to apply, as 5
if this Act had not commenced. 6
(2) For subsection (1), the Acts Interpretation Act 1954, section 2052 7
applies, but does not limit the subsection. 8
(3) This section has effect despite the repeal of the Medical Act and 9
Other Acts (Administration) Act 1966. 10
247 Membership of board 11
(1) From the commencement, the board consists of the existing 12
members. 13
(2) Also, the board may include other persons appointed by the 14
Governor in Council (the "additional members"). 15
(3) However, the first board must not consist of more than 11 members. 16
(4) An existing member holds office as a member until the earlier of the 17
following days-- 18
(a) the day the existing member's term of appointment under the 19
repealed Act would have ended if this Act had not commenced; 20
(b) if the existing member vacates office under this Act before the 21
day mentioned in paragraph (a), the day the existing member 22
vacates office. 23
(5) An additional member is to be appointed for a term that ends on or 24
before the day when the existing members' terms of appointment under the 25
repealed Act would have ended if this Act had not commenced. 26
(6) If a person, including an existing member, appointed to the board 27
under this section is a registrant, the person is taken to be a registrant 28
member. 29
(7) The Governor in Council may appoint a person to fill the office of a 30
member of the first board if it is vacant. 31
52 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.)
s 248 135 s 249
Dental Practitioners Registration Bill 2001
(8) This section has effect despite sections 15 to 18 and 20.53 1
(9) In this section-- 2
"existing member" means a person who, immediately before the 3
commencement, held office as a member of the former board. 4
"first board" means the board as constituted under this section. 5
248 Chairperson and deputy chairperson of board 6
(1) From the commencement-- 7
(a) the existing president is taken to be the chairperson of the board 8
as constituted under section 247; and 9
(b) the existing deputy president is taken to be the deputy 10
chairperson of the board as constituted under section 247. 11
(2) The existing president ceases to hold office as the chairperson if the 12
existing president vacates the office of chairperson under this Act. 13
(3) The existing deputy president ceases to hold office as the deputy 14
chairperson if the existing deputy president vacates the office of deputy 15
chairperson under this Act. 16
(4) This section has effect despite section 19(1) and (3).54 17
(5) In this section-- 18
"existing president" means the person who, immediately before the 19
commencement, held office as the president of the former board. 20
"existing deputy president" means the person who, immediately before 21
the commencement, held office as the deputy president of the former 22
board. 23
249 Appeals 24
(1) Subsection (2) applies if-- 25
53 Sections 15 (Membership of board), 16 (Registrant members), 17 (Public members),
18 (Certain nominee board members) and 20 (Term of appointment)
54 Section 19 (Chairperson and deputy chairperson of board)
s 250 136 s 250
Dental Practitioners Registration Bill 2001
(a) a person has appealed to the District Court under repealed 1
section 29 before the commencement against a decision of the 2
former board; and 3
(b) the appeal has not been decided before the commencement. 4
(2) The District Court may hear, or continue to hear, and decide the 5
appeal under the repealed Act as if this Act had not commenced. 6
(3) Subsection (4) applies if-- 7
(a) immediately before the commencement a person could have 8
appealed to the District Court under the repealed section 29 9
against a decision of the former board; and 10
(b) the person has not appealed before the commencement. 11
(4) The person may appeal, and the District Court may hear and decide 12
the appeal, under the repealed Act as if this Act had not commenced. 13
(5) For giving effect to its decision under subsection (2) or (4), the 14
District Court may make the orders it considers necessary having regard to 15
the provisions of this Act. 16
17
Example for subsection (5)--
18
On an appeal by a person against a decision of the former board to refuse to register the
19
person as a dentist under the repealed Act, the District Court may order that the board
20
register the person under this Act.
(6) In this section-- 21
"repealed section 29" means section 29 of the repealed Act. 22
250 Existing registrations 23
(1) This section applies to a person who immediately before the 24
commencement was registered, under the repealed Act, for a category of 25
registration mentioned in column 1 of the following table (the "column 1 26
registration")-- 27
s 250 137 s 250
Dental Practitioners Registration Bill 2001
Table 1
column 1 column 2
1. registration as a dentist under section general registration
18(1)(a) of the repealed Act
2. for a person with a prescribed Australian general registration
qualification--registration as a dentist
under section 18(1)(b) of the repealed Act
3. registration as a dental specialist in a specialist registration
specialty under section 18(6) or (7) of the in the specialty
repealed Act
4. limited registration as a dentist, under special purpose
section 20(1) or limited registration as a registration for the
dental specialist under section 20(3) of the purpose
repealed Act, for a purpose mentioned in
section 20(1)(d)(i) or (ii)
5. registration, under section 20A of the special purpose
repealed Act, for the purpose of registration for the
postgraduate study or research in a stated purpose
branch of dentistry
6. provisional registration as a dentist under provisional general
section 26H of the repealed Act registration.
(2) The person is taken to be registered for the category of registration 3
mentioned in column 2 of the table (the "column 2 registration") shown 4
opposite the column 1 registration. 5
(3) If the column 1 registration was, immediately before the 6
commencement, subject to conditions, the column 2 registration is taken to 7
be subject to the conditions. 8
(4) Despite section 56,55 the column 2 registration continues until the 9
later of the following days-- 10
(a) 31 December first happening after the commencement; 11
55 Section 56 (Period)
s 251 138 s 252
Dental Practitioners Registration Bill 2001
(b) the day that is 3 months after the commencement. 1
(5) However, subsection (4) stops applying if the column 2 registration 2
is surrendered or cancelled. 3
(6) A regulation prescribing a branch of dentistry to be a specialty (the 4
"new specialty") may state that the new specialty includes, or is the 5
equivalent of, a particular specialty prescribed under the repealed Act (the 6
"previous specialty"). 7
(7) Subsection (8) applies if a regulation is made under subsection (6). 8
(8) For applying this section in relation to the previous specialty, a 9
reference in item 3, column 2, in subsection (1) to `the specialty' is taken to 10
be a reference to the new specialty. 11
(9) In this section-- 12
"prescribed Australian qualification" means a qualification mentioned in 13
section 18(1)(b) of the repealed Act conferred by an educational 14
institution in Australia. 15
251 Removal of conditions imposed under repealed Act 16
(1) This section applies to conditions mentioned in section 250(3) that 17
were imposed, under the repealed Act, on an item 4 or 5 column 1 18
registration. 19
(2) Section 13356 applies to the conditions as if the conditions had been 20
imposed on the registration under this Act. 21
252 Existing overseas conditional registration 22
(1) This section applies if, immediately before the commencement, a 23
person held overseas conditional registration as a dentist, under 24
section 18(2) of the repealed Act, for a stated period. 25
(2) The person is taken to hold general registration for the stated period. 26
(3) The general registration may not be renewed. 27
(4) If, before the end of the stated period, the board is satisfied the 28
person is practising the profession in Queensland, the board may register 29
56 Section 133 (Removal)
s 253 139 s 253
Dental Practitioners Registration Bill 2001
the person as if the person were eligible for general registration under 1
part 3, division 2, subdivision 2. 2
253 Existing applications for certain column 1 registrations 3
(1) This section applies to any of the following applications made under 4
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 254 140 s 255
Dental Practitioners Registration Bill 2001
254 Existing applications for restoration of certain column 1 1
registrations 2
(1) An application for the restoration of an item 1, 2, 3, 4 or 5 column 1 3
registration made under section 24(6) of the repealed Act, and not decided 4
before the commencement, must be decided under this Act. 5
(2) The application is taken to be for the restoration of the column 2 6
registration shown opposite the column 1 registration. 7
(3) Part 3, division 5, or part 3, division 5 as applied by section 8
113(1)(c),58 applies to the application. 9
(4) However, the following provisions do not apply to the application-- 10
(a) for an application to which part 3, division 5 applies-- 11
(i) the provisions, applied by section 76,59 to the extent to 12
which they relate to recency of practice requirements; and 13
(ii) sections 77, 78 and 81;60 14
(b) for an application to which part 3, division 5, as applied by 15
section 113(1)(c) applies-- 16
(i) the provisions, applied by section 76, to the extent to which 17
they relate to recency of practice requirements, as applied 18
under section 113(1)(c); and 19
(ii) sections 77, 78 and 81, as applied under section 113(1)(c). 20
255 Existing applications for renewal of certain column 1 registrations 21
(1) An application for the renewal of an item 4 or 5 column 1 registration 22
made under section 20(5)(b) or 20A(2) of the repealed Act, and not decided 23
before the commencement, must be decided under this Act. 24
(2) The application is taken to be for the renewal of the column 2 25
registration shown opposite the column 1 registration. 26
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 256 141 s 258
Dental Practitioners Registration Bill 2001
(3) Part 3, division 4, as applied by section 127, applies to the 1
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
256 Continuation of satisfaction process under section 20(9) of the 6
repealed Act 7
(1) If a satisfaction process in relation to a limited registration person has 8
been started by the board, but not finished, before the commencement, the 9
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 13
the commencement was registered, under the repealed Act, for an 14
item 4 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 17
Act calling on the person to satisfy the board that the person's name 18
should remain on the register. 19
257 Suspended registrations 20
(1) This section applies if an item 1, 2, 3, 4 or 5 column 1 registration 21
has been suspended and the period of suspension has not ended before the 22
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
258 Approval of company names under repealed Act 26
(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
under section 41 of the repealed Act; or 30
s 259 142 s 260
Dental Practitioners Registration Bill 2001
(ii) a list of names for a corporation or proposed corporation 1
had been submitted to the board under section 41(2) of the 2
repealed Act; and 3
(b) from the commencement, the corporation carries on the business 4
of providing professional services under a business name that is 5
the corporation's own name. 6
(2) The corporation is taken to have given the board the notice required 7
under section 148(4).61 8
(3) However, if the corporation has not given the board the information 9
mentioned in section 148(4)(b) and (c), the board may, by notice given to 10
the corporation, require the corporation to give the board, within a 11
reasonable time of at least 30 days stated in the notice, the information. 12
(4) The corporation must comply with the notice, unless the corporation 13
has a reasonable excuse. 14
Maximum penalty for subsection (4)--10 penalty units. 15
259 Sections 148 and 151 ineffective for 6 months 16
(1) Sections 148 and 15162 have no effect for 6 months after they 17
commence. 18
(2) However, a person may give the board a notice mentioned in 19
section 117 within the 6 month period. 20
260 Records 21
(1) This section applies if-- 22
(a) a registration was affected under the repealed Act; and 23
(b) immediately before the commencement, the former board held a 24
record of the details of the way the registration was affected and 25
the reason for it being affected. 26
(2) The record must be kept by the board for at least 10 years after the 27
commencement. 28
61 Section 148 (Notification of business names etc.)
62 Sections 148 (Notification of business names etc.) and 151 (Information to appear in
advertisements)
s 261 143 s 261
Dental Practitioners Registration Bill 2001
261 Certain Act has not been repealed 1
(1) This section applies if an Act mentioned in column 2 of the following 2
table (the "column 2 Act") has not been repealed-- 3
Table 4
column 1 column 2
Chiropractors Registration Act 2001 Chiropractors and
Osteopaths Act 1979
Dental Technicians and Dental Dental Technicians and
Prosthetists Registration Act 2001 Dental Prosthetists Act 1991
Medical Practitioners Registration Medical Act 1939
Act 2001
Occupational Therapists Registration Occupational Therapists Act
Act 2001 1979
Optometrists Registration Act 2001 Optometrists Act 1974
Osteopaths Registration Act 2001 Chiropractors and
Osteopaths Act 1979
Pharmacists Registration Act 2001 Pharmacy Act 1976
Physiotherapists Registration Physiotherapists Act 1964
Act 2001
Podiatrists Registration Act 2001 Podiatrists Act 1969
Psychologists Registration Act 2001 Psychologists Act 1977
Speech Pathologists Registration Speech Pathologists Act 1979.
Act 2001
(2) A reference in schedule 4, definition "health practitioner registration 6
Act" to the Act mentioned in column 1 of the table shown opposite the 7
column 2 Act is taken to be a reference to the column 2 Act. 8
s 265 144 s 267
Dental Practitioners Registration Bill 2001
Division 3--Savings provisions 1
63
2
265 Continuation of section of by-law under repealed Act 3
(1) The Dental By-law 1988, section 18, as in force immediately before 4
the commencement of this section, and as amended by section 268 and 5
schedule 3, part B (the "saved provision"), continues to have effect and is 6
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
266 References to Dental Technicians and Dental Prosthetists 12
Registration Act 2001, s 240(1) 13
(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 2001, 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
267 Amendment of Acts 21
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 268 145 s 268
Dental Practitioners Registration Bill 2001
268 Amendment of Dental Act 1971 and Dental By-law 1988 1
(1) Schedule 3, part A amends the Dental Act 1971 and relocates certain 2
provisions of that Act to part 10, division 3. 3
(2) Schedule 3, part B amends the Dental By-law 1988, section 18. 4
146
Dental Practitioners Registration Bill 2001
SCHEDULE 1 1
DECISIONS FOR WHICH INFORMATION NOTICES 2
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 Deciding to refuse to renew a specialist
section 113(1)(b) registration
73, as applied under Deciding to refuse to restore a specialist
section 113(1)(c) registration
73, as applied by section 127 Deciding to refuse to renew a special
purpose registration
74 Deciding to renew a general registration
on recency of practice conditions and
deciding the review period applying to
the conditions
147
Dental Practitioners Registration Bill 2001
SCHEDULE 1 (continued)
Section Description of decision
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 Deciding to renew a specialist
113(1)(b) registration on recency of practice
conditions and deciding the review
period applying to the conditions
74, as applied under Deciding to restore a specialist
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 Deciding to cancel a specialist
113(1)(d) 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 Deciding to confirm or change
section 113(1)(e) conditions of a specialist registration
and deciding the review period applying
to the conditions
104 Deciding to refuse to register an
applicant for specialist registration in a
specialty as a specialist registrant in the
specialty
148
Dental Practitioners Registration Bill 2001
SCHEDULE 1 (continued)
Section Description of decision
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
149
Dental Practitioners Registration Bill 2001
SCHEDULE 2 1
CONSEQUENTIAL AMENDMENTS OF ACTS 2
section 267 3
COMMISSION FOR CHILDREN AND YOUNG PEOPLE 4
ACT 2000 5
1. Schedule 4, definition "registered health practitioner", `Dental Act 6
1971'-- 7
omit, insert-- 8
`Dental Practitioners Registration Act 2001'. 9
10
HEALTH ACT 1937 11
1. Section 5(1), definition "dentist"-- 12
omit, insert-- 13
` "dentist" means a person registered under the Dental Practitioners 14
Registration Act 2001.'. 15
2. Section 5(1), definition "health practitioner registration Act", 16
`Dental Act 1971'-- 17
omit, insert-- 18
`Dental Practitioners Registration Act 2001'. 19
150
Dental Practitioners Registration Bill 2001
SCHEDULE 2 (continued)
HEALTH PRACTITIONER REGISTRATION BOARDS 1
(ADMINISTRATION) ACT 1999 2
1. Schedule, definition "health practitioner registration Act", `Dental 3
Act 1971'-- 4
omit, insert-- 5
`Dental Practitioners Registration Act 2001'. 6
HEALTH PRACTITIONERS (PROFESSIONAL 7
STANDARDS) ACT 1999 8
1. Schedule, definition "chairperson", paragraph (b)-- 9
omit. 10
2. Schedule, definition "health practitioner registration Act", `Dental 11
Act 1971'-- 12
omit, insert-- 13
`Dental Practitioners Registration Act 2001'. 14
3. Schedule, definition "profession", paragraph (b), `Dental Act 15
1971'-- 16
omit, insert-- 17
`Dental Practitioners Registration Act 2001'. 18
151
Dental Practitioners Registration Bill 2001
SCHEDULE 2 (continued)
HEALTH PRACTITIONERS (SPECIAL EVENTS 1
EXEMPTION) ACT 1998 2
1. Schedule, definition "health registration Act", `Dental Act 1971'-- 3
omit, insert-- 4
`Dental Practitioners Registration Act 2001'. 5
HEALTH RIGHTS COMMISSION ACT 1991 6
1. Schedule 2, item 2-- 7
omit, insert-- 8
`2. Dental Board of Queensland'. 9
HEALTH SERVICES ACT 1991 10
1. Section 63(6), `Dental Act 1971'-- 11
omit, insert-- 12
`Dental Practitioners Registration Act 2001'. 13
MEDICAL ACT AND OTHER ACTS 14
(ADMINISTRATION) ACT 1966 15
1. Title, `the Dental Act 1971,'-- 16
omit. 17
152
Dental Practitioners Registration Bill 2001
SCHEDULE 2 (continued)
2. Section 4(1)(d)-- 1
omit. 2
RADIATION SAFETY ACT 1999 3
1. Schedule 2, definition "health practitioner registration Act", `Dental 4
Act 1971'-- 5
omit, insert-- 6
`Dental Practitioners Registration Act 2001'. 7
153
Dental Practitioners Registration Bill 2001
SCHEDULE 3 1
AMENDMENT OF DENTAL ACT 1971 AND DENTAL 2
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
154
Dental Practitioners Registration Bill 2001
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 2001, 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
19
12. Sections 4, 30 and 30A-- 20
relocate to Dental Practitioners Registration Act 2001 and in that Act 21
insert and renumber, in part 10, division 3, as sections 262 to 264. 22
155
Dental Practitioners Registration Bill 2001
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(7), `dentist of dental specialist'-- 15
omit, insert-- 16
`registrant'. 17
6. Section 18(7A), `the prescribed fee'-- 18
omit, insert-- 19
`a fee of $ 30.00'. 20
156
Dental Practitioners Registration Bill 2001
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 25
applied by section 113(1)(a). 26
157
Dental Practitioners Registration Bill 2001
SCHEDULE 4 (continued)
"certificate of registration" means a certificate of general registration, 1
certificate of specialist registration, certificate of provisional general 2
registration, certificate of provisional specialist registration, 3
certificate of special purpose registration or certificate of provisional 4
special purpose registration. 5
"certificate of specialist registration" means a certificate of specialist 6
registration issued under part 3, division 8. 7
"certificate of special purpose registration" means a certificate of special 8
purpose registration issued under part 3, division 9. 9
"certified copy", of a certificate of registration, means a copy that is 10
certified by the board as being a true copy of the certificate. 11
"chairperson" means the chairperson of the board appointed under 12
section 19(1). 13
"column 1 registration", for part 10, division 2, see section 239. 14
"column 2 registration", for part 10, division 2, see section 239. 15
"commencement", for part 10, division 2, see section 239. 16
"committee" means a committee of the board established under 17
section 33(1). 18
"convicted", of an offence, means being found guilty of the offence, on a 19
plea of guilty or otherwise, whether or not a conviction is recorded. 20
"corresponding law" means a law applying, or that applied, in another 21
State, the Commonwealth or a foreign country that provides, or 22
provided, for the same matter as-- 23
(a) a health practitioner registration Act or the Health Practitioners 24
(Professional Standards) Act 1999; or 25
(b) a provision of a health practitioner registration Act or the Health 26
Practitioners (Professional Standards) Act 1999. 27
"declaration period", for part 9, division 3, see section 228. 28
"declared event", for part 9, division 3, see section 228. 29
"deputy chairperson" means the deputy chairperson of the board 30
appointed under section 19(1). 31
"document production requirement" see section 189(5). 32
158
Dental Practitioners Registration Bill 2001
SCHEDULE 4 (continued)
"educational institution" means a university, training institution or 1
professional college engaged in the education of persons in the 2
practice of the profession. 3
"executive officer" means the executive officer appointed under the 4
Health Practitioner Registration Boards (Administration) Act 1999. 5
"executive officer", of a corporation, means a person who is concerned 6
with, or takes part in, the corporation's management, whether or not 7
the person is a director or the person's position is given the name of 8
executive officer. 9
"facsimile warrant" see section 171(4). 10
"foreign regulatory authority" means-- 11
(a) an interstate regulatory authority; or 12
(b) an entity established under a law applying in a foreign country, 13
other than New Zealand, having functions similar to the board's 14
functions under this Act or the Health Practitioners 15
(Professional Standards) Act 1999. 16
"former board", for part 10, division 2, see section 239. 17
"former registrant" means a person who was, but is not currently, 18
registered under part 3. 19
"general registrant" means a person registered, under part 3, as a general 20
registrant, but does not include a provisional general registrant. 21
"general registration" means registration of a person as a general 22
registrant under part 3. 23
"general registration period" see section 56(1). 24
"health assessment", in relation to a person, includes-- 25
(a) a physical, medical, psychiatric or psychological examination or 26
test of the person; and 27
(b) asking questions to assess the person's mental and physical 28
health. 29
"Health Insurance Commission" means the Health Insurance 30
Commission established under the Health Insurance Commission Act 31
1973 (Cwlth), section 4. 32
159
Dental Practitioners Registration Bill 2001
SCHEDULE 4 (continued)
"health practitioner registration Act" means any of the following Acts-- 1
· this Act 2
· Chiropractors Registration Act 2001 3
· Dental Technicians and Dental Prosthetists Registration Act 4
2001 5
· Medical Practitioners Registration Act 2001 6
· Medical Radiation Technologists Registration Act 2001 7
· Occupational Therapists Registration Act 2001 8
· Optometrists Registration Act 2001 9
· Osteopaths Registration Act 2001 10
· Pharmacists Registration Act 2001 11
· Physiotherapists Registration Act 2001 12
· Podiatrists Registration Act 2001 13
· Psychologists Registration Act 2001 14
· Speech Pathologists Registration Act 2001. 15
"health records", for part 9, division 1, see section 220. 16
"health service" means a service for maintaining, improving or restoring 17
people's health and wellbeing. 18
"impose", a condition, includes change or confirm the condition. 19
"information notice", for a decision of the board or an inspector, is a 20
notice stating the following-- 21
(a) the decision; 22
(b) the reasons for the decision; 23
(c) that the person to whom the notice is given may appeal against 24
the decision within 28 days; 25
(d) how the person may appeal against the decision to the District 26
Court; 27
(e) if the decision is that a person be registered on conditions-- 28
(i) for a general or specialist registration--the review period 29
applying to the conditions; and 30
160
Dental Practitioners Registration Bill 2001
SCHEDULE 4 (continued)
(ii) for conditions imposed because of the person's mental and 1
physical health, the details of which it has been decided 2
under section 57(4) to record in the register--the details that 3
must be recorded in the register for the period for which the 4
conditions are in force; 5
(f) if the decision is that a general or specialist registration be 6
renewed or restored on recency of practice conditions, the review 7
period applying to the conditions; 8
(g) if the decision is that a registration be cancelled--a direction to 9
the person-- 10
(i) to return the certificate of registration to the board 11
within 14 days after receiving the notice; and 12
(ii) for a decision that a specialist registrant's or 13
provisional specialist registrant's general registration 14
be cancelled--to return the certificate of specialist 15
registration or certificate of provisional specialist 16
registration to the board within 14 days after receiving 17
the notice; 18
(h) if the decision is that the conditions imposed on a general or 19
specialist registration be confirmed, the review period applying 20
to the confirmed conditions; 21
(i) if the decision is that the conditions imposed on a general or 22
specialist registration be changed-- 23
(i) the review period applying to the changed conditions; and 24
(ii) if the conditions were imposed because of the person's 25
mental and physical health and it is decided under 26
section 98(2) that details of the changed conditions must be 27
recorded in the register, the details that must be recorded in 28
the register for the period for which the changed conditions 29
are in force; and 30
(iii) a direction to the person to return the certificate of 31
registration to the board within 14 days after receiving the 32
notice; and 33
161
Dental Practitioners Registration Bill 2001
SCHEDULE 4 (continued)
(iv) for a decision that conditions on a specialist registrant's 1
general registration be changed--a direction to the person to 2
return the certificate of specialist registration to the board 3
within 14 days after receiving the notice. 4
"inspector" means a person who is appointed as an inspector under 5
section 162. 6
"interstate law", for part 9, division 3, see section 228. 7
"interstate regulatory authority" means an entity established under the 8
law of another State or New Zealand having functions similar to the 9
board's functions under this Act or the Health Practitioners 10
(Professional Standards) Act 1999. 11
"item", for part 10, division 2, see section 239. 12
"legislative scheme" see section 4. 13
"local practitioner", for part 9, division 3, see section 228. 14
"medical condition" includes substance abuse or dependence. 15
"member" means a member of the board. 16
"notice" means written notice. 17
"occupier", of a place, includes a person who reasonably appears to be an 18
occupier, or in charge, of the place. 19
"office" means the Office of Health Practitioner Registration Boards under 20
the Health Practitioner Registration Boards (Administration) Act 21
1999. 22
"original decision" see section 198(1). 23
"participant", for part 9, division 3, see section 228. 24
"personal details requirement" see section 187(5). 25
"place" includes premises, vacant land and a vehicle. 26
"place of seizure" see section 178. 27
"possess", a health record, for part 9, division 1, see section 220. 28
"premises" includes-- 29
(a) a building or other structure; and 30
162
Dental Practitioners Registration Bill 2001
SCHEDULE 4 (continued)
(b) a part of a building or other structure; and 1
(c) land where a building or other structure is situated. 2
"prepare", for part 9, division 3, see section 228. 3
"profession" means the dental profession. 4
"professional service" means a dental service, including a specialist 5
dental service. 6
"provisional general registrant" means a person registered, under 7
section 60, as a provisional general registrant. 8
"provisional general registration" means registration of a person as a 9
provisional general registrant under section 60. 10
"provisional specialist registrant" means a person registered, under 11
section 60, as applied by section 113(1)(a), as a provisional specialist 12
registrant. 13
"provisional specialist registration" means registration of a person as a 14
provisional specialist registrant under section 60, as applied by 15
section 113(1)(a). 16
"provisional special purpose registrant" means a person registered, 17
under part 3, division 9, as a provisional special purpose registrant. 18
"provisional special purpose registration" means registration of a person 19
as a provisional special purpose registrant under part 3, division 9. 20
"public members" see section 15(2)(b). 21
"public place" means a place that the public is entitled to use, is open to 22
the public or is used by the public (whether or not on payment of 23
money). 24
"recency of practice conditions" see section 74(2). 25
"recency of practice requirements" see section 68. 26
"register" means the register kept under section 215. 27
"registrant" means a person registered under part 3. 28
"registrant members" see section 15(2)(a). 29
"registration" means registration under part 3. 30
"registration fee" see section 42(1)(c)(iii). 31
163
Dental Practitioners Registration Bill 2001
SCHEDULE 4 (continued)
"renewable registration" means a general registration, specialist 1
registration or special purpose registration. 2
"repealed Act" means the Dental Act 1971. 3
"restoration fee" see section 78(1)(b)(i). 4
"restricted specialist title", for a specialty, means a title that consists of or 5
includes words prescribed under a regulation for the specialty. 6
"restricted title" means a title that consists of, or includes, the words 7
`dentist', `dental practitioner', `dental surgeon' or `surgeon dentist'. 8
"review period", applying to conditions imposed by the board or the 9
District Court on a general registration or specialist registration, 10
means the period, not more than 3 years after the decision to impose 11
the conditions takes effect, within which the registrant may not apply 12
for a review of the conditions under part 3. 13
"service agreement" means an agreement made under the Health 14
Practitioner Registration Boards (Administration) Act 1999, between 15
the executive officer and the board, for the provision of administrative 16
and operational support by the office to the board. 17
"show cause notice" see section 83(1). 18
"show cause period" see section 83(2)(d). 19
"special activities" see section 119. 20
"specialist application fee" see section 100(1)(c)(ii). 21
"specialist registrant" means a person registered, under part 3, division 8, 22
as a specialist registrant, but does not include a provisional specialist 23
registrant. 24
"specialist registration" means registration of a person as a specialist 25
registrant under section 104. 26
"specialist registration fee" see section 100(1)(c)(iii). 27
"specialist registration period" see section 109. 28
"special purpose registrant" means a person registered, under part 3, 29
division 9, as a special purpose registrant, but does not include a 30
provisional special purpose registrant. 31
"special purpose registration" means registration of a person as a special 32
purpose registrant under part 3, division 9. 33
164
Dental Practitioners Registration Bill 2001
SCHEDULE 4 (continued)
"specialty" means a branch of dentistry prescribed under a regulation to be 1
a specialty. 2
"user", of a registrant's services, includes a person who used the services. 3
"visiting practitioner", for part 9, division 3, see section 228. 4
"warrant form" see section 171(5)(b). 5
© State of Queensland 2001
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