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Queensland
DENTAL TECHNICIANS AND
DENTAL PROSTHETISTS
REGISTRATION BILL 2000
Queensland
DENTAL TECHNICIANS AND DENTAL
PROSTHETISTS REGISTRATION
BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Operation of Act
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Board's decisions to accord with decisions of certain bodies
under the Health Practitioners (Professional Standards) Act 1999 . . . . . . . 15
6 Mutual recognition legislation not affected . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Objects
7 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 4--Interpretation
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--DENTAL TECHNICIANS AND DENTAL
PROSTHETISTS BOARD OF QUEENSLAND
Division 1--Establishment and functions
9 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Board's relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Board's independence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
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14 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2--Membership
15 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
16 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
17 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
18 Certain nominee board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . 22
20 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
21 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
22 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
24 Leave of absence for a member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
25 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 25
26 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 3--Board business
27 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
28 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
30 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
31 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 4--Board committees
33 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
34 Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 5--Disclosure of interests by board members and committee
members
35 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 6--Directions by Minister
36 Minister's power to give directions in the public interest . . . . . . . . . . . . . . 29
Division 7--Annual reports
37 Matters to be included in annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
40 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
54 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
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
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Subdivision 7--Conditions of general registration
57 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
58 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 3--Provisional general registration
59 Meaning of "authorised person" for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
60 Provisional general registration of a person . . . . . . . . . . . . . . . . . . . . . . . . . . 44
61 Confirmation or cancellation of provisional general registration . . . . . . . . . 45
62 Procedure after cancellation of provisional general registration . . . . . . . . . 46
63 Form of certificate of provisional general registration . . . . . . . . . . . . . . . . . 46
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
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" . . . . . . . . . . . . . . . . . . . . . . 48
Subdivision 2--Applications for renewal of general registrations
69 Notification of imminent expiry of registration . . . . . . . . . . . . . . . . . . . . . . . 48
70 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71 General registration taken to be in force while application is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Subdivision 3--Decision on applications
72 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
73 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
74 Recency of practice requirements are not satisfied . . . . . . . . . . . . . . . . . . . 51
75 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 5--Restoration of general registrations
76 Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
77 When an application for restoration of a general registration may
be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
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78 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
79 Restoration of general registration as dental prosthetist . . . . . . . . . . . . . . . . 54
80 Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
81 Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
82 When recency of practice conditions take effect . . . . . . . . . . . . . . . . . . . . . 55
Division 6--Cancellation of general registrations
83 Ground for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
84 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
85 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 56
86 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 56
87 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
88 Return of cancelled certificate of general registration to board . . . . . . . . . 57
Division 7--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or
District Court
89 Review of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
90 How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
91 Review of conditions during review period . . . . . . . . . . . . . . . . . . . . . . . . . . 59
92 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
93 Application of ss 4750 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
94 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
95 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
96 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
97 Effect on dental prosthetics registration if conditions on dental
technician registration are changed or removed . . . . . . . . . . . . . . . . . . . . . . 62
98 Failure by board to make decision on application . . . . . . . . . . . . . . . . . . . . 63
99 Failure by board to make decision on review agreed to under s 91 . . . . . . 64
100 Further decision required if certain conditions changed . . . . . . . . . . . . . . . . 65
Subdivision 2--Recording change, or removal, of conditions
101 Amendment of, or replacing, certificates of general registration . . . . . . . . 65
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Division 8--Special purpose registrations
Subdivision 1--Applications for special purpose registration
102 Undertaking of special activities relating to the profession . . . . . . . . . . . . . 66
103 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
104 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
105 Qualifications for special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 68
106 Suitability to be a special purpose registrant . . . . . . . . . . . . . . . . . . . . . . . . 68
107 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
108 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
109 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Subdivision 2--Renewal of special purpose registrations
110 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
111 Matters that may be considered in deciding whether to renew
special purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
112 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
113 Period of renewed special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 71
Subdivision 3--Cancellation of special purpose registrations
114 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
115 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Subdivision 4--Removal of conditions
116 Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Division 9--General provisions about registrations
117 Person is taken to be registered under this part . . . . . . . . . . . . . . . . . . . . . . . 73
118 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
119 Effect on dental prosthetics registration if registration as dental
technician ceases to have effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
120 Replacement of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 74
121 Certified copy of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . 74
122 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
123 Decision about recording certain conditions in register . . . . . . . . . . . . . . . . 75
124 Notification of certain events to interstate regulatory authorities
and other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
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PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--Restricted titles and holding out
125 Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
126 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
127 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 79
128 Restrictions on special purpose registrants, provisional general
registrants and provisional special purpose registrants . . . . . . . . . . . . . . . . . 79
129 Restrictions on registrants registered on conditions . . . . . . . . . . . . . . . . . . . 80
Division 2--Notification of business names and other details
130 Notification of business names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
131 Notification of change in business names etc. . . . . . . . . . . . . . . . . . . . . . . . 81
Division 3--Advertising
132 Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
133 Information to appear in advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Division 4--Registrants' autonomy
134 Aiding, abetting etc. conduct that is a ground for disciplinary action . . . . . 83
Division 5--Court orders and injunctions
135 Persons may be prohibited from supplying health services etc. . . . . . . . . . . 84
136 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 6--Reprisals
137 Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
138 Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
139 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Division 7--Other provisions
140 Payment, or acceptance of payment, for referrals prohibited . . . . . . . . . . . 88
PART 5--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
141 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
142 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
143 Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
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Division 2--Appointment of inspectors and other matters
144 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
145 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
146 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
147 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
148 Production or display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . 91
Division 3--Powers of inspectors
Subdivision 1--Entry of places
149 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Subdivision 2--Procedure for entry
150 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
151 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
152 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
153 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
154 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Subdivision 3--Powers after entry
155 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
156 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
157 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Subdivision 4--Power to seize evidence
158 Seizing evidence at a place that may be entered without consent
or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
159 Seizing evidence at a place that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
160 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
161 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
162 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
163 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
164 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
165 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
166 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
167 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
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168 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Subdivision 5--Power to obtain information
169 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
170 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
171 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
172 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
173 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Division 4--General enforcement matters
174 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
175 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
176 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
177 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
178 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
179 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
PART 6--APPEALS
180 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
181 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
182 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
183 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
184 Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
PART 7--LEGAL PROCEEDINGS
Division 1--Evidence
185 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
186 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
187 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
188 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Division 2--Proceedings
189 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
190 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
191 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 112
192 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 113
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193 Allegations of false or misleading information or documents . . . . . . . . . . . 113
194 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
195 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 113
196 Executive officers must ensure corporation complies with Act . . . . . . . . . . 114
PART 8--REGISTER, RECORDS AND INFORMATION
Division 1--Register
197 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
198 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Division 2--Records to be kept
199 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Division 3--Information
200 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
201 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 118
PART 9--MISCELLANEOUS
Division 1--Abandoned, and other, health records
202 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
203 Board may take possession of abandoned health records . . . . . . . . . . . . . . . 119
204 Health records forming part of deceased estate . . . . . . . . . . . . . . . . . . . . . . 119
205 Health records of persons convicted of an offence against s
125(1) or (6) or 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
206 Dealing with certain health records seized under s 158 or 159 . . . . . . . . . . 120
207 How board may deal with health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
208 Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Division 2--Continuing professional education of registrants
209 Continuing professional education programs . . . . . . . . . . . . . . . . . . . . . . . . . 121
Division 3--Declared events
210 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
211 Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
212 Deemed general registration of visiting practitioners . . . . . . . . . . . . . . . . . . 123
Division 4--Other provisions
213 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
214 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 124
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215 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 125
216 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
217 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
218 Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
219 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
PART 10--REPEAL, TRANSITIONAL AND SAVINGS
PROVISIONS
Division 1--Repeal
220 Repeal of Dental Technicians and Dental Prosthetists Act 1991 . . . . . . . . 126
Division 2--Transitional provisions
221 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
222 References to repealed Act or former board . . . . . . . . . . . . . . . . . . . . . . . . . 127
223 Board is the legal successor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
224 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
225 Service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
226 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
227 Dealing with matter under Health Practitioners (Professional
Standards) Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
228 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
229 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
230 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . 129
231 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
232 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
233 Existing applications for certain column 1 registrations . . . . . . . . . . . . . . . . 132
234 Existing applications for restoration of certain column 1 registrations . . . . 133
235 Suspended registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
236 Approval of business names under repealed Act . . . . . . . . . . . . . . . . . . . . . . 133
237 Sections 130 and 133 ineffective for 6 months . . . . . . . . . . . . . . . . . . . . . . . 134
238 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
239 Certain Act has not been repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Division 3--Savings provisions
245 Continuation of section of regulation under repealed Act . . . . . . . . . . . . . . 136
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246 References to Dental Practitioners Registration Act 2000 . . . . . . . . . . . . . . 136
PART 11--CONSEQUENTIAL AND OTHER AMENDMENTS
247 Amendment of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
248 Amendment of Dental Technicians and Dental Prosthetists Act 1991 . . . . 136
249 Amendment of Dental Technicians and Dental Prosthetists
Regulation 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 138
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 140
CONSEQUENTIAL AMENDMENTS OF ACTS
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
HEALTH PRACTITIONER REGISTRATION BOARDS
(ADMINISTRATION) ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS)
ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION)
ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . 142
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT
1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
RADIATION SAFETY ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 144
AMENDMENT OF DENTAL TECHNICIANS AND DENTAL
PROSTHETISTS ACT 1991
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 147
DICTIONARY
2000
A BILL
FOR
An Act to provide for the registration of dental technicians and dental
prosthetists, and for other purposes
s1 14 s4
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The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
1--Introduction 3
Division
title 4
Short
1. This Act may be cited as the Dental Technicians and Dental 5
Prosthetists Registration Act 2000. 6
7
Commencement
2. This Act commences on a day to be fixed by proclamation. 8
Division 2--Operation of Act 9
binds all persons 10
Act
3.(1) This Act binds all persons, including the State. 11
(2) Nothing in this Act makes the State liable to be prosecuted for an 12
offence. 13
legislative scheme 14
The
4. This Act is part of a legislative scheme (the "legislative scheme") 15
consisting of the health practitioner registration Acts, the Health 16
Practitioner Registration Boards (Administration) Act 1999 and the Health 17
Practitioners (Professional Standards) Act 1999. 18
s5 15 s7
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decisions to accord with decisions of certain bodies under the 1
Board's
Health Practitioners (Professional Standards) Act 1999 2
5.(1) This section applies if the board is making-- 3
(a) a decision on an application for registration; or 4
(b) a decision, under this Act, affecting a registrant's registration. 5
(2) The decision must comply with, and be consistent with, any decision 6
of the board, a disciplinary committee, a professional conduct review panel, 7
the Health Practitioners Tribunal or the Court of Appeal, affecting the 8
applicant or registration, under the Health Practitioners (Professional 9
Standards) Act 1999. 10
recognition legislation not affected 11
Mutual
6. This Act does not affect the operation of the Mutual Recognition 12
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 13
(Queensland) Act 1999. 14
Division 3--Objects 15
of Act 16
Objects
7.(1) The objects of this Act are-- 17
(a) to protect the public by ensuring health care is delivered by 18
registrants in a professional, safe and competent way; and 19
(b) to uphold the standards of practice within the professions; and 20
(c) to maintain public confidence in the professions. 21
(2) The objects are to be achieved mainly by-- 22
(a) establishing the Dental Technicians and Dental Prosthetists Board 23
of Queensland; and 24
(b) providing for the registration of persons under this Act; and 25
(c) imposing obligations on persons in relation to the practice of the 26
professions; and 27
s8 16 s 11
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(d) providing for compliance with this Act to be monitored and 1
enforced. 2
4--Interpretation 3
Division
4
Definitions
8. The dictionary in schedule 4 defines particular words used in this Act. 5
PART 2--DENTAL TECHNICIANS AND DENTAL 6
PROSTHETISTS BOARD OF QUEENSLAND 7
1--Establishment and functions 8
Division
of board 9
Establishment
9.(1) The Dental Technicians and Dental Prosthetists Board of 10
Queensland is established. 11
(2) The board-- 12
(a) is a body corporate; and 13
(b) has a common seal; and 14
(c) may sue and be sued in its corporate name. 15
relationship with the State 16
Board's
10. The board does not represent the State. 17
of board 18
Functions
11. The board has the following functions-- 19
(a) to assess applications for registration; 20
s 11 17 s 11
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(b) to register persons who satisfy the requirements for registration; 1
(c) to monitor, and assess, whether registrants comply with any 2
conditions of registration; 3
(d) to keep a register of, and records relating to, registrants; 4
(e) to promote high standards of practice of the professions by 5
registrants; 6
(f) to develop or adopt programs for the continuing professional 7
education of registrants, and encourage their participation in the 8
programs; 9
(g) to develop or adopt training programs in the practice of the 10
professions that are relevant to a person's eligibility for 11
registration; 12
13
Example of `training programs'--
14
Refresher courses for persons who have not practised a profession for a
15
number of years.
(h) to confer and cooperate with interstate regulatory authorities; 16
(i) to confer and cooperate with entities engaged in the development 17
of national policies about the regulation of the professions; 18
(j) to confer and cooperate with the following entities about the 19
education of persons in the practice of the professions-- 20
(i) educational institutions; 21
(ii) entities responsible for accrediting courses, or accrediting 22
institutions to educate persons, for the professions; 23
(k) to inform registrants and the public about the operation of the 24
legislative scheme in its application to the professions; 25
(l) to examine, and advise the Minister about, the operation of the 26
legislative scheme in its application to the professions; 27
(m) to monitor, and enforce, compliance with this Act; 28
(n) to undertake research, relevant to the legislative scheme, into the 29
regulation of the professions; 30
(o) to collect, and give to persons, information about the practice of 31
s 12 18 s 13
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the professions by registrants; 1
2
Example of `information about the practice of the professions by
3
registrants'--
4
The languages, other than English, spoken by registrants.
(p) to perform other functions given to the board under this or 5
another Act. 6
7
Example for paragraph (p)--
8
Under the Health Practitioners (Professional Standards) Act 1999,
9
section 374, the board may develop codes of practice, or adopt another
10
entity's code of practice, to provide guidance to registrants as to
11
appropriate professional conduct or practice.
independence etc. 12
Board's
12. In performing its functions, the board is to act independently, 13
impartially and in the public interest. 14
of board 15
Powers
13.(1) The board has all the powers of an individual, and may, for 16
example-- 17
(a) enter into contracts; and 18
(b) enter into service agreements; and 19
(c) acquire, hold, dispose of, and deal with, property; and 20
(d) appoint agents and attorneys; and 21
(e) engage consultants; and 22
(f) fix charges, and other terms, for services and other facilities it 23
supplies; and 24
(g) do anything else necessary or convenient to be done for, or in 25
connection with, its functions. 26
(2) This section does not authorise the board to obtain administrative and 27
operational support other than as required by the Health Practitioner 28
Registration Boards (Administration) Act 1999. 29
s 14 19 s 14
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(3) Without limiting subsection (1), the board has the powers given to it 1
under this or another Act. 2
(4) The board may exercise its powers inside or outside Queensland. 3
(5) Without limiting subsection (4), the board may exercise its powers 4
outside Australia. 5
by board 6
Delegation
14.(1) The board may delegate its powers under this Act to-- 7
(a) a member; or 8
(b) a committee of the board consisting of appropriately qualified 9
persons, 1 of whom must be a member; or 10
(c) the executive officer; or 11
(d) with the agreement of the executive officer--an appropriately 12
qualified member of the office's staff. 13
(2) However, the board may not delegate its power under this Act-- 14
(a) to decide to register, or refuse to register, an applicant for 15
registration; or 16
(b) to decide to refuse to renew a renewable registration; or 17
(c) to decide to refuse to restore a renewable registration; or 18
(d) to decide to cancel a registration; or 19
(e) to decide to impose, or remove, conditions on a registration; or 20
(f) to enter into a service agreement. 21
(3) In this section-- 22
"appropriately qualified" includes having the qualifications, experience or 23
standing appropriate to exercise the power. 24
25
Example of `standing' for a member of the office's staff--
26
The staff member's classification level in the office.
s 15 20 s 15
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2--Membership 1
Division
of board 2
Membership
15.(1) The board consists of at least 7, but not more than 11, members 3
appointed by the Governor in Council. 4
(2) The board must include-- 5
(a) persons who are general registrants (the "registrant members"); 6
and 7
(b) persons (the "public members") having an interest in, and 8
knowledge of, consumer health issues who are not, and have not 9
been-- 10
(i) registered under a health practitioner registration Act or an 11
earlier corresponding Act; or 12
(ii) registered or enrolled under the Nursing Act 1992 or an 13
earlier corresponding Act; or 14
(iii) registered or enrolled under a law applying, or that applied, 15
in another State or foreign country that provides, or 16
provided, for the same matter as a health practitioner 17
registration Act or the Nursing Act 1992 or a provision of the 18
Act; and 19
(c) 1 lawyer nominated by the Minister. 20
(3) Also, the Minister may nominate persons who do not belong to the 21
categories of persons mentioned in subsection (2) to be members. 22
(4) The registrant members must consist of-- 23
(a) at least 2 registrants who are dental technicians but not dental 24
prosthetists; and 25
(b) at least 2 registrants who are dental prosthetists. 26
(5) A majority of the members must be registrant members. 27
(6) In this section-- 28
"earlier corresponding Act", in relation to a health practitioner registration 29
Act, means an earlier Act that provided for the same matter as the 30
s 16 21 s 18
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health practitioner registration Act or a provision of the health 1
practitioner registration Act. 2
"earlier corresponding Act", in relation to the Nursing Act 1992, means 3
an earlier Act that provided for the same matter as the Nursing Act 4
1992 or a provision of the Nursing Act 1992. 5
members 6
Registrant
16. The registrant members must consist of-- 7
(a) at least 1 dental technician nominated by the bodies the Minister 8
considers represent the interests of dental technicians; and 9
(b) at least 1 dental prosthetist nominated by the bodies the Minister 10
considers represent the interests of dental prosthetists; and 11
(c) if there are educational institutions established in the 12
State--1 general registrant nominated by the governing bodies of 13
the institutions chosen by the Minister; and 14
(d) at least 1 general registrant nominated by the Minister. 15
members 16
Public
17. The public members must consist of-- 17
(a) at least 1 person nominated by community groups and other 18
entities the Minister considers have an interest in consumer health 19
issues; and 20
(b) at least 1 other person nominated by the Minister. 21
nominee board members 22
Certain
18.(1) This section applies for the nomination of a person or persons for 23
a position or positions on the board under section 16(a), (b) or (c) or 17(a). 24
(2) The Minister must give the entities who may make the nomination 25
notice stating a reasonable period within which they may nominate the 26
person or persons for the position or positions. 27
(3) The Minister may in the notice ask the entities to nominate more than 28
s 19 22 s 19
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the required number of persons for the position or positions. 1
(4) Subject to subsections (5) and (6), if the entities nominate more than 2
the required number of persons for the position or positions-- 3
(a) the Minister must choose the nominee or nominees for the 4
position or positions from the nominations; and 5
(b) the person or persons chosen are taken to be the nominee or 6
nominees, under the relevant provision mentioned in 7
subsection (1), for the position or positions. 8
(5) Subsection (6) applies if-- 9
(a) the entities do not nominate a person or persons for the position 10
or positions within the period stated in the notice; or 11
(b) the entities nominate a number of persons for the position or 12
positions that is less than the number requested by the Minister 13
under subsection (3); or 14
(c) the person or any of the persons nominated by the entities are not 15
eligible to be appointed to the position or positions concerned. 16
(6) The Minister must nominate a person or persons eligible to be 17
appointed to the position or positions and the nomination or nominations are 18
taken to have been made by the entities. 19
(7) To remove doubt, if subsection (5)(b) applies, it is declared that a 20
nomination under subsection (6) may be of, or include, a person or persons 21
nominated by the entities. 22
and deputy chairperson of board 23
Chairperson
19.(1) The Governor in Council is to appoint a registrant member to be 24
the chairperson, and another registrant member to be the deputy 25
chairperson, of the board. 26
(2) A person may be appointed as the chairperson or deputy chairperson 27
at the same time the person is appointed as a member. 28
(3) The chairperson or deputy chairperson holds office for the term 29
decided by the Governor in Council, unless the person's term of office as a 30
member ends sooner than the person's term of office as chairperson or 31
s 20 23 s 22
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deputy chairperson. 1
(4) A vacancy occurs in the office of chairperson or deputy chairperson if 2
the person holding the office resigns the office by signed notice of 3
resignation given to the Minister or ceases to be a registrant member. 4
(5) However, a person resigning the office of chairperson or deputy 5
chairperson may continue to be a member. 6
(6) The deputy chairperson is to act as chairperson-- 7
(a) during a vacancy in the office of chairperson; and 8
(b) during all periods when the chairperson is absent from duty or, 9
for another reason, can not perform the functions of the office. 10
of appointment 11
Term
20. A member is to be appointed for a term of not more than 4 years. 12
from membership 13
Disqualification
21.(1) A person can not become, or continue as, a member if the 14
person-- 15
(a) is affected by bankruptcy action; or 16
(b) is, or has been, convicted of an indictable offence; or 17
(c) is, or has been, convicted of an offence against this Act. 18
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 19
person-- 20
(a) is bankrupt; or 21
(b) has compounded with creditors; or 22
(c) has otherwise taken, or applied to take, advantage of any law 23
about bankruptcy. 24
of office 25
Vacation
22.(1) A member is taken to have vacated office if the member-- 26
s 23 24 s 24
Dental Technicians and Dental Prosthetists
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(a) resigns his or her position on the board by signed notice of 1
resignation given to the Minister; or 2
(b) can not continue as a member under section 21; or 3
(c) is absent without the board's permission from 3 consecutive 4
meetings of the board of which due notice has been given. 5
(2) Also, a member is taken to have vacated office in any of the 6
following circumstances-- 7
(a) if the member is a registrant member--the member stops being a 8
general registrant; 9
(b) if the member is a public member--the member stops being a 10
person mentioned in section 15(2)(b); 11
(c) if the member was nominated, for membership of the board, 12
under section 15(2)(c)--the member stops being a lawyer. 13
(3) In this section-- 14
"meeting" means the following-- 15
(a) if the member does not attend--a meeting with a quorum present; 16
(b) if the member attends--a meeting with or without a quorum 17
present. 18
notice of resignation takes effect 19
When
23. A notice of resignation under section 19(4) or 22(1)(a) takes effect 20
when the notice is given to the Minister or, if a later time is stated in the 21
notice, the later time. 22
of absence for a member 23
Leave
24.(1) The Minister may approve a leave of absence for a member (the 24
"approved absent member") of more than 3 months. 25
(2) The Minister may appoint another person to act in the office of the 26
approved absent member while the member is absent on the approved 27
leave. 28
(3) A person appointed under subsection (2) must belong to the same 29
s 25 25 s 28
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category of persons mentioned in section 15(2) or (3) to which the approved 1
absent member belongs. 2
(4) If the approved absent member is the deputy chairperson, the 3
Minister may appoint another registrant member to act in the deputy 4
chairperson's office while the deputy chairperson is absent on the approved 5
leave. 6
of vacancy in membership of board 7
Effect
25.(1) Subsection (2) applies despite sections 15 to 17.1 8
(2) The performance of a function, or exercise of a power, by the board is 9
not affected merely because of a vacancy in the membership of the board. 10
of members 11
Remuneration
26. A member is entitled to be paid the fees and allowances decided by 12
the Governor in Council. 13
3--Board business 14
Division
onduct of business 15
C
27. Subject to this division, the board may conduct its business, including 16
its meetings, in the way it considers appropriate. 17
and places of meetings 18
Times
28.(1) Board meetings are to be held at the times and places the 19
chairperson decides. 20
(2) However, the chairperson must call a meeting if asked, in writing, to 21
do so by the Minister or at least the number of members forming a quorum 22
for the board. 23
1 Sections 15 (Membership of board), 16 (Registrant members) and 17 (Public
members)
s 29 26 s 31
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uorum 1
Q
29. A quorum for the board is the number equal to one-half of the 2
number of its members or, if one-half is not a whole number, the next 3
highest whole number. 4
at meetings 5
Presiding
30.(1) The chairperson is to preside at all meetings of the board at which 6
the chairperson is present. 7
(2) If the chairperson is absent from a board meeting, but the deputy 8
chairperson is present, the deputy chairperson is to preside. 9
(3) If the chairperson and deputy chairperson are both absent from a 10
board meeting or the offices are vacant, a registrant member chosen by the 11
members present is to preside. 12
of meetings 13
Conduct
31.(1) A question at a board meeting is decided by a majority of the votes 14
of the members present. 15
(2) Each member present at the meeting has a vote on each question to be 16
decided and, if the votes are equal, the member presiding also has a casting 17
vote. 18
(3) A member present at the meeting who abstains from voting is taken 19
to have voted for the negative. 20
(4) The board may hold meetings, or allow members to take part in its 21
meetings, by using any technology allowing reasonably contemporaneous 22
and continuous communication between members taking part in the 23
meeting. 24
25
Example of `technology allowing reasonably contemporaneous and continuous
26
communication'--
27
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 28
taken to be present at the meeting. 29
(6) A resolution is validly made by the board, even if it is not passed at a 30
s 32 27 s 33
Dental Technicians and Dental Prosthetists
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board meeting, if-- 1
(a) a majority of the board members gives written agreement to the 2
resolution; and 3
(b) notice of the resolution is given under procedures approved by the 4
board. 5
inutes 6
M
32.(1) The board must keep-- 7
(a) minutes of its meetings; and 8
(b) a record of any resolutions made under section 31(6). 9
(2) Subsection (3) applies if a resolution is passed at a board meeting by 10
a majority of the members present. 11
(3) If asked by a member who voted against the passing of the 12
resolution, the board must record in the minutes of the meeting that the 13
member voted against the resolution. 14
4--Board committees 15
Division
16
Committees
33.(1) The board may establish committees of the board for effectively 17
and efficiently performing its functions. 18
(2) A committee may include a person who is not a member of the 19
board. 20
(3) The board is to decide the terms of reference of a committee. 21
(4) The functions of a committee are to-- 22
(a) advise and make recommendations to the board about matters, 23
within the scope of the board's functions, referred by the board to 24
the committee; and 25
s 34 28 s 35
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(b) exercise powers delegated to it by the board.2 1
(5) A committee must keep a record of the decisions it makes when 2
exercising a power delegated to it by the board. 3
(6) The board may decide matters about a committee that are not 4
provided for under this Act, including, for example, the way a committee 5
must conduct meetings. 6
of committee members 7
Remuneration
34. A committee member is entitled to be paid the fees and allowances 8
decided by the Governor in Council. 9
Division 5--Disclosure of interests by board members and committee 10
members 11
of interests 12
Disclosure
35.(1) This section applies to a board or committee member (the 13
"interested person") if-- 14
(a) the interested person has a direct or indirect interest in an issue 15
being considered, or about to be considered, by the board or 16
committee; and 17
(b) the interest could conflict with the proper performance of the 18
person's duties about the consideration of the issue. 19
(2) As soon as practicable after the relevant facts come to the interested 20
person's knowledge, the person must disclose the nature of the interest to a 21
board or committee meeting. 22
(3) Unless the board or committee otherwise directs, the interested 23
person must not-- 24
(a) be present when the board or committee considers the issue; or 25
(b) take part in a decision of the board or committee about the issue. 26
2 See section 14 for the board's power of delegation.
s 36 29 s 36
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(4) The interested person must not be present when the board or 1
committee is considering whether to give a direction under subsection (3). 2
(5) If there is another person who must, under subsection (2), also 3
disclose an interest in the issue, the other person must not-- 4
(a) be present when the board or committee is considering whether to 5
give a direction under subsection (3) about the interested person; 6
or 7
(b) take part in making the decision about giving the direction. 8
(6) If-- 9
(a) because of this section, a board or committee member is not 10
present at a board or committee meeting for considering or 11
deciding an issue, or for considering or deciding whether to give a 12
direction under subsection (3); and 13
(b) there would be a quorum if the member were present; 14
the remaining persons present are a quorum of the board or committee for 15
considering or deciding the issue, or for considering or deciding whether to 16
give the direction, at the meeting. 17
(7) A disclosure under subsection (2) must be recorded in the board's or 18
committee's minutes. 19
(8) If the interested person is a registrant member, the person does not 20
have a direct or indirect interest in an issue if the interest arises merely 21
because the person is a registrant. 22
Division 6--Directions by Minister 23
power to give directions in the public interest 24
Minister's
36.(1) The Minister may give the board a written direction about a matter 25
relevant to the performance of its functions under this Act if the Minister is 26
satisfied it is necessary to give the direction in the public interest. 27
(2) Without limiting subsection (1), the direction may be to-- 28
(a) give reports and information; or 29
s 37 30 s 37
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(b) apply to the board a policy, standard or other instrument applying 1
to a public sector unit. 2
(3) The direction can not be about-- 3
(a) the registering of, or refusal to register, an applicant for 4
registration; or 5
(b) the renewing of, or refusal to renew, a renewable registration; or 6
(c) the restoring of, or refusal to restore, a renewable registration; or 7
(d) the cancelling of a registration; or 8
(e) the imposing, or removal, of conditions on a registration. 9
(4) Despite section 12,3 the board must comply with the direction. 10
Division 7--Annual reports 11
to be included in annual report 12
Matters
37.(1) The board's annual report under the Financial Administration and 13
Audit Act 1977 for a financial year must include the following-- 14
(a) copies of all ministerial directions given to the board under 15
section 36 during the financial year; 16
(b) the number of registrants at the end of the financial year; 17
(c) details of the amount of the board's funds spent, in the financial 18
year, on investigations and inspections under part 5;4 19
(d) details of the amount of the board's funds spent, in the financial 20
year, on developing or adopting training programs in the practice 21
of the professions that are relevant to a person's eligibility for 22
registration; 23
(e) details of the amount of the board's funds spent in the financial 24
year on research, relevant to the legislative scheme, into the 25
3 Section 12 (Board's independence etc.)
4 Part 5 (Investigation and enforcement)
s 38 31 s 40
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regulation of the professions; 1
(f) details of any policies or programs developed, or initiatives taken, 2
by the board in the financial year for the general benefit of users 3
of registrants' services. 4
(2) However, the board must exclude from the copies mentioned in 5
subsection (1)(a) all information likely to identify a person mentioned in the 6
direction. 7
Division 8--Other provisions about the board 8
is statutory body under the Financial Administration and 9
Board
Audit Act 1977 10
38. The board is a statutory body under the Financial Administration and 11
Audit Act 1977. 12
is statutory body under the Statutory Bodies Financial 13
Board
Arrangements Act 1982 14
39.(1) The board is a statutory body under the Statutory Bodies Financial 15
Arrangements Act 1982. 16
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 sets 17
out the way in which the board's powers under this Act are affected by the 18
Statutory Bodies Financial Arrangements Act 1982. 19
common seal 20
Board's
40. The board's common seal is to be kept in the custody of a person 21
nominated by the board and may be used only as authorised by the board. 22
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s 41 32 s 42
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PART 3--REGISTRATION 1
Division 1--Preliminary 2
may apply for registration 3
Who
41.(1) Only an individual may apply for registration. 4
(2) Also, only an individual who holds general registration as a dental 5
technician may apply for general registration as a dental prosthetist. 6
2--Applications for general registration 7
Division
Subdivision 1--Applications 8
requirements for applications 9
Procedural
42.(1) An application for general registration in a profession must-- 10
(a) be made to the board; and 11
(b) be in the approved form; and 12
(c) be accompanied by-- 13
(i) satisfactory evidence of relevant qualifications in the 14
profession; and 15
(ii) the application fee prescribed under a regulation (the 16
"application fee"); and 17
(iii) the registration fee prescribed under a regulation (the 18
"registration fee"); and 19
(iv) any other documents, identified in the approved form, the 20
board reasonably requires; and 21
(v) if the applicant is registered under a corresponding law in the 22
profession, written details of any conditions of the 23
registration. 24
s 43 33 s 44
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(2) Information in the application must, if the approved form requires, be 1
verified by a statutory declaration. 2
2--Eligibility for general registration 3
Subdivision
4
Eligibility
43.(1) An applicant for general registration in a profession is eligible for 5
general registration in the profession if-- 6
(a) the applicant is qualified for general registration in the profession 7
under section 44; and 8
(b) the applicant is fit to practise the profession. 9
(2) Without limiting subsection (1), the board may be satisfied the 10
applicant is eligible for general registration in the profession by imposing 11
conditions on the registration under section 57.6 12
applicant is qualified for general registration 13
When
44.(1) An applicant for general registration in a profession is qualified for 14
general registration in the profession if-- 15
(a) the applicant has a qualification in the profession prescribed under 16
a regulation; or 17
(b) the applicant has a qualification in the profession that is 18
substantially equivalent to, or based on similar competencies to 19
that required for, a current Australian or New Zealand 20
qualification; or 21
(c) the applicant has passed a qualifying examination in the 22
profession set by or for, or recognised by, the board. 23
(2) In deciding whether subsection (1)(b) is satisfied, the board may have 24
regard to the following-- 25
(a) the advice and recommendations of-- 26
6 Section 57 (Imposition of conditions by board)
s 45 34 s 45
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(i) an entity recognised by the board as competent to assess 1
qualifications in the profession; or 2
(ii) an entity responsible for accrediting courses, or accrediting 3
institutions to educate persons, for the profession; 4
(b) the attributes of the course leading to the applicant's qualification; 5
6
Example of `attributes' of a course--
7
The course objectives and competencies.
(c) any other relevant issue. 8
(3) In this section-- 9
"current Australian or New Zealand qualification", in a profession, 10
means an Australian or New Zealand qualification in the profession, 11
mentioned in a regulation made under subsection (1)(a), that may be 12
conferred or awarded as a result of the successful completion of a 13
course offered, at the date of the applicant's application for general 14
registration, by the educational institution mentioned in relation to the 15
qualification. 16
to practise the profession 17
Fitness
45.(1) In deciding whether an applicant for general registration in a 18
profession is fit to practise the profession, the board may have regard to the 19
following-- 20
(a) the applicant's mental and physical health; 21
(b) the applicant's command of the English language; 22
(c) whether the applicant has been convicted of an indictable offence; 23
(d) whether the applicant has been convicted of an offence against the 24
repealed Act, this Act, the Health Practitioners (Professional 25
Standards) Act 1999 or a corresponding law; 26
(e) whether the applicant has been convicted of an offence, relating to 27
the practice of the profession, against a law applying, or that 28
applied, in the State, the Commonwealth, another State or a 29
foreign country (other than laws mentioned in paragraph (d)), 30
including, for example an offence of that type against-- 31
s 45 35 s 45
Dental Technicians and Dental Prosthetists
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(i) the Health Act 1937; or 1
(ii) the Fair Trading Act 1989; 2
(f) if the applicant has been registered under this Act or the repealed 3
Act in the profession or is, or has been, registered under a 4
corresponding law in the profession and the registration was 5
affected-- 6
(i) by the imposition of a condition--the nature of the condition 7
and the reason for its imposition; or 8
(ii) by its suspension or cancellation--the reason for its 9
suspension or cancellation; or 10
(iii) in another way--the way it was affected and the reason for it 11
being affected; 12
(g) if the qualification relied on by the applicant to obtain registration 13
was conferred or awarded on a day (the "qualification day") that 14
is more than 3 years before the date of application, the nature, 15
extent and period of any practice of the profession by the applicant 16
since the qualification day; 17
(h) any other issue relevant to the applicant's ability to competently 18
and safely practise the profession. 19
(2) For subsection (1)(g)-- 20
(a) the passing of an examination mentioned in section 44(1)(c) is 21
taken to be a qualification; and 22
(b) the day the examination was passed is taken to be the qualification 23
day. 24
(3) The board may ask the commissioner of the police service for a 25
written report about an applicant's criminal history. 26
(4) If asked by the board, the commissioner of the police service must 27
give the board a written report about the criminal history of the applicant, 28
including the criminal history in the commissioner's possession or to which 29
the commissioner has access. 30
(5) In this section-- 31
"criminal history", of an applicant, means the applicant's criminal history 32
s 46 36 s 46
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within the meaning of the Criminal Law (Rehabilitation of Offenders) 1
Act 1986. 2
3--Inquiries into applications 3
Subdivision
powers before deciding applications 4
Board's
46.(1) Before deciding the application, the board-- 5
(a) may investigate the applicant; and 6
(b) may, by notice given to the applicant, require the applicant to give 7
the board, within a reasonable time of at least 30 days stated in the 8
notice, further information or a document the board reasonably 9
requires to decide the application; and 10
(c) may, by notice given to the applicant, require the applicant to 11
undergo a written, oral or practical examination within a 12
reasonable time of at least 30 days stated in the notice, and at a 13
reasonable place; and 14
(d) may, by notice given to the applicant, require the applicant to 15
undergo a health assessment within a reasonable time of at least 16
30 days stated in the notice, and at a reasonable place. 17
(2) The board may require the information or document mentioned in 18
subsection (1)(b) to be verified by a statutory declaration. 19
(3) The purpose of an examination under subsection (1)(c) must be to 20
assess the applicant's ability to competently and safely practise the 21
profession to which the application relates. 22
(4) The purpose of an assessment under subsection (1)(d) must be to 23
assess the applicant's mental and physical capacity to competently and 24
safely practise the profession to which the application relates. 25
(5) The applicant is taken to have withdrawn the application if, within the 26
stated time, the applicant-- 27
(a) does not comply with a requirement under subsection (1)(b); or 28
(b) does not undergo an examination under subsection (1)(c); or 29
s 47 37 s 48
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(c) does not undergo an assessment under subsection (1)(d). 1
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 2
applicant within 60 days after the board receives the application. 3
(7) Also, a notice under subsection (1)(d) must state-- 4
(a) the reason for the assessment; and 5
(b) the name and qualifications of the person appointed by the board 6
to conduct the assessment; and 7
(c) the place where, and the day and time at which, the assessment is 8
to be conducted. 9
of appropriately qualified person to conduct health 10
Appointment
assessment 11
47.(1) This section applies if the board believes it is necessary for the 12
applicant to undergo a health assessment under section 46(1)(d). 13
(2) The board may appoint 1 or more appropriately qualified persons to 14
conduct the assessment, in whole or part. 15
(3) At least 1 of the persons appointed to conduct the assessment must be 16
a medical practitioner. 17
(4) Before appointing a person to conduct a health assessment, the board 18
must be satisfied the person does not have a personal or professional 19
connection with the applicant that may prejudice the way in which the 20
person conducts the assessment. 21
(5) In this section-- 22
"appropriately qualified", for a medical practitioner or other person 23
conducting a health assessment, includes having the qualifications, 24
experience, skills or knowledge appropriate to conduct the assessment. 25
about health assessment 26
Report
48.(1) A person appointed under section 47 to conduct all or part of a 27
health assessment of the applicant must prepare a report about the 28
assessment (an "assessment report"). 29
s 49 38 s 49
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(2) The assessment report must include-- 1
(a) the person's findings as to the applicant's mental and physical 2
capacity to competently and safely practise the profession to 3
which the applicant's application relates; and 4
(b) if the person finds the applicant does not have the mental and 5
physical capacity to practise the profession, the person's 6
recommendations as to any conditions that could be imposed on 7
the applicant's registration as a general registrant in the profession 8
to overcome the incapacity. 9
(3) The person must give the assessment report to the board. 10
of assessment report 11
Use
49.(1) An assessment report is not admissible in any proceedings, other 12
than stated proceedings. 13
(2) A person can not be compelled to produce the report, or to give 14
evidence relating to the report or its contents, in any proceedings, other than 15
stated proceedings. 16
(3) Subsections (1) and (2) do not apply if the report is admitted or 17
produced, or evidence relating to the report or its contents is given, with the 18
consent of the person who prepared the report and the person to whom the 19
report relates. 20
(4) In this section-- 21
"assessment report" includes a copy of the report, or a part of the report or 22
copy. 23
"proceedings under the Health Practitioners (Professional Standards) 24
Act 1999" includes a health assessment of a registrant by a health 25
assessment committee under that Act. 26
"stated proceedings" means-- 27
(a) a review of conditions under division 7;7 or 28
7 Division 7 (Reviewing conditions of general registrations)
s 50 39 s 52
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(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
for health assessments and reports 5
Payment
50. A person who conducts a health assessment and prepares an 6
assessment report for the board is entitled to be paid for his or her work by 7
the board. 8
Subdivision 4--Decision on applications 9
10
Decision
51. The board must consider the application and decide to register, or 11
refuse to register, the applicant as a general registrant in the profession to 12
which the application relates. 13
to be taken after application decided 14
Steps
52.(1) If the board decides to register the applicant as a general registrant, 15
it must as soon as practicable issue a certificate of general registration to the 16
applicant. 17
(2) If the board decides to refuse to register the applicant as a general 18
registrant, it must as soon as practicable give the applicant an information 19
notice about the decision. 20
(3) If the board decides to register the applicant as a dental prosthetist, the 21
registrant's registration is subject to the conditions, other than any recency 22
of practice conditions, attaching to the applicant's general registration as a 23
dental technician immediately before the decision takes effect. 24
(4) Subsection (3) does not limit the board's power under section 57 to 25
8 Part 6 (Appeals)
s 53 40 s 53
Dental Technicians and Dental Prosthetists
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impose conditions on the applicant's general registration as a dental 1
prosthetist. 2
to decide applications 3
Failure
53.(1) Subject to subsections (2) and (3), if the board fails to decide the 4
application within 60 days after its receipt, the failure is taken to be a 5
decision by the board to refuse to register the applicant as a general 6
registrant. 7
(2) Subsection (3) applies if the board has-- 8
(a) under section 46(1)(b),9 required the applicant to give the board 9
further information or a document; or 10
(b) under section 46(1)(c), required the applicant to undergo an 11
examination; or 12
(c) under section 46(1)(d), required the applicant to undergo a health 13
assessment. 14
(3) The board is taken to have decided to refuse to register the applicant 15
as a general registrant if it fails to decide the application by the latest of the 16
following days-- 17
(a) the day that is 60 days after the board receives the further 18
information or document; 19
(b) the day that is 60 days after the board receives the results of the 20
examination; 21
(c) the day that is 60 days after the board receives the assessment 22
report. 23
(4) This section does not apply if the applicant is registered as a 24
provisional general registrant.10 25
(5) This section is subject to section 54. 26
9 Section 46 (Board's powers before deciding applications)
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
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consideration of applications 1
Further
54.(1) This section applies if the board considers it needs further time to 2
make a decision on the application because of the complexity of the matters 3
that need to be considered in deciding the application. 4
5
Example of an application for general registration that may require the consideration of
6
complex matters--
7
An application requiring the board to obtain and consider information about the
8
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 9
notice to the applicant that-- 10
(a) because of the complexity of the matters that need to be 11
considered in deciding the application, the board needs further 12
time to decide the application; and 13
(b) the period within which the board must decide the application is 14
extended to a day (the "extended day") that is 60 days after the 15
final consideration day. 16
(3) Also, the applicant and board may at any time before the final 17
consideration day agree in writing on a day (the "agreed extended day") 18
by which the application is to be decided. 19
(4) The board is taken to have decided to refuse to register the applicant 20
as a general registrant if it does not decide the application by-- 21
(a) if subsection (2) applies--the extended day; or 22
(b) if subsection (3) applies--the agreed extended day; or 23
(c) if both subsections (2) and (3) apply--the later of the extended 24
day or agreed extended day. 25
(5) Subsection (4) does not apply if the applicant is registered as a 26
provisional general registrant.11 27
(6) In this section-- 28
"final consideration day" means the latest of the following days-- 29
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 56
Dental Technicians and Dental Prosthetists
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(a) the day that is 60 days after receipt of the application; 1
(b) if the board has, under section 46(1)(b), required the applicant to 2
give the board further information or a document--the day that is 3
60 days after the board receives the further information or 4
document; 5
(c) if the board has, under section 46(1)(c), required the applicant to 6
undergo an examination--the day that is 60 days after the board 7
receives the results of the examination; 8
(d) if the board has, under section 46(1)(d), required the applicant to 9
undergo a health assessment--the day that is 60 days after the 10
board receives the assessment report. 11
Subdivision 5--Information in certificates of general registration 12
of certificates of general registration 13
Forms
55.(1) A certificate of general registration must be in the approved form. 14
(2) The approved form must provide for the inclusion of the following-- 15
(a) the registrant's name; 16
(b) the profession to which the registration relates; 17
(c) the period of the registration; 18
(d) any conditions of registration. 19
6--Period of general registration 20
Subdivision
21
Period
56.(1) The period of registration that is to apply to general registrants in a 22
profession is the period (the "general registration period"), not more than 23
3 years, prescribed under a regulation. 24
(2) If the board decides to register an applicant for general registration as 25
a general registrant in a profession during a general registration period for 26
s 57 43 s 57
Dental Technicians and Dental Prosthetists
Registration
the profession, the registration remains in force for the period-- 1
(a) commencing on the day when the board makes the decision; and 2
(b) ending on the last day of the general registration period. 3
Subdivision 7--Conditions of general registration 4
of conditions by board 5
Imposition
57.(1) The board may decide to register an applicant for general 6
registration in a profession as a general registrant in the profession on 7
conditions the board considers necessary or desirable for the applicant to 8
competently and safely practise the profession. 9
10
Examples of conditions of general registration--
11
1. A condition that a general registrant only practise the profession under the
12
supervision of another general registrant.
13
2. A condition prohibiting a general registrant engaging in stated procedures
14
related to the practice of the profession.
(2) If the board decides to register an applicant for general registration as 15
a general registrant on conditions, it must as soon as practicable-- 16
(a) also decide the review period applying to the conditions;12 and 17
(b) give the applicant an information notice about the decisions. 18
(3) If the board decides to register an applicant for general registration as 19
a general registrant on conditions because of the applicant's mental and 20
physical health, it must also decide whether details of the conditions must be 21
recorded in the register for the period for which the conditions are in force. 22
(4) The board must decide not to record details of the conditions 23
mentioned in subsection (3) in the register unless it reasonably believes it is 24
in the interests of users of the registrant's services or the public to know the 25
details. 26
12 The conditions may be reviewed under division 7 (Reviewing conditions of
general registrations).
s 58 44 s 60
Dental Technicians and Dental Prosthetists
Registration
of conditions 1
Contravention
58. A general registrant must not contravene a condition of the 2
registration imposed under this Act. 3
Maximum penalty--100 penalty units. 4
3--Provisional general registration 5
Division
of "authorised person" for div 3 6
Meaning
59.(1) In this division-- 7
"authorised person" means any of the following persons who are 8
authorised by the board to decide to register a person as a provisional 9
general registrant in a profession-- 10
(a) the executive officer; 11
(b) a member; 12
(c) a member of the office's staff. 13
(2) An authority mentioned in subsection (1) may be limited by reference 14
to specified conditions, exceptions or factors. 15
general registration of a person 16
Provisional
60.(1) Subsection (2) applies if an authorised person reasonably 17
considers-- 18
(a) an applicant for general registration in a profession is eligible for 19
the registration without conditions; and 20
(b) because of the period before the board is likely to consider the 21
application in the ordinary course of its business, it is not 22
reasonable for the applicant to have to wait for the board to 23
consider the application. 24
(2) The authorised person may decide to register the applicant as a 25
provisional general registrant in the profession. 26
(3) Subsection (4) applies if an authorised person or the board-- 27
s 61 45 s 61
Dental Technicians and Dental Prosthetists
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(a) reasonably considers, subject to an applicant for general 1
registration in a profession giving the board further evidence of 2
the applicant's relevant qualification, the applicant is eligible for 3
the registration without conditions; or 4
(b) reasonably considers-- 5
(i) an applicant for general registration in a profession would be 6
eligible for general registration in the profession without 7
conditions, other than for the fact that the relevant 8
qualification relied on by the applicant has not been conferred 9
on, or awarded to, the applicant; and 10
(ii) the applicant is entitled to have the relevant qualification 11
conferred on, or awarded to, him or her. 12
(4) The authorised person or board may decide to register the applicant as 13
a provisional general registrant in the profession. 14
(5) If the authorised person or board decides to register the applicant as a 15
provisional general registrant, the authorised person or board must as soon 16
as practicable issue a certificate of provisional general registration to the 17
applicant. 18
(6) An authorised person or the board may not decide to register a person 19
as a provisional general registrant on conditions. 20
or cancellation of provisional general registration 21
Confirmation
61.(1) If an authorised person decides to register an applicant for general 22
registration as a provisional general registrant, the authorised person must as 23
soon as practicable report to the board about the basis for the authorised 24
person's decision. 25
(2) The board must consider the report and decide whether to confirm or 26
cancel the provisional general registration. 27
(3) In making its decision, the board must consider whether the 28
authorised person should have decided to register the applicant as a 29
provisional general registrant. 30
(4) If the board decides to cancel the provisional general registration, it 31
must as soon as practicable give the applicant notice of its decision. 32
s 62 46 s 65
Dental Technicians and Dental Prosthetists
Registration
after cancellation of provisional general registration 1
Procedure
62.(1) This section applies if the board decides, under section 61, to 2
cancel a person's provisional general registration. 3
(2) The notice of cancellation must include the reason for the decision. 4
(3) The decision takes effect on the day the notice is given to the person. 5
(4) The person must return the certificate of provisional general 6
registration to the board within 14 days after receiving the notice, unless the 7
person has a reasonable excuse. 8
Maximum penalty--10 penalty units. 9
(5) Even though the board decides to cancel a person's provisional 10
general registration, it must still consider the person's application for general 11
registration. 12
of certificate of provisional general registration 13
Form
63.(1) A certificate of provisional general registration must be in the 14
approved form. 15
(2) The approved form must provide for the inclusion of the following-- 16
(a) the registrant's name; 17
(b) the profession to which the registration relates; 18
(c) the period of the registration. 19
20
Period
64. The provisional general registration of a person remains in force for 21
the period, not more than 6 months, decided by the authorised person or 22
board when deciding to register the person as a provisional general 23
registrant. 24
decides to register provisional general registrant as a general 25
Board
registrant 26
65.(1) This section applies if-- 27
s 66 47 s 67
Dental Technicians and Dental Prosthetists
Registration
(a) a person is a provisional general registrant in a profession; and 1
(b) the board decides to register the person as a general registrant in 2
the profession. 3
(2) The provisional general registration is cancelled when the person 4
receives a certificate of general registration under section 52(1).13 5
(3) The general registration is taken to have started from the day the 6
person was registered as a provisional general registrant. 7
decides to refuse to register provisional general registrant as a 8
Board
general registrant 9
66.(1) This section applies if-- 10
(a) a person is a provisional general registrant in a profession; and 11
(b) the board decides to refuse to register the person as a general 12
registrant in the profession. 13
(2) The provisional general registration is cancelled when an information 14
notice about the decision is given to the person under section 52(2). 15
(3) The person must return the certificate of provisional general 16
registration to the board within 14 days after receiving the information 17
notice, unless the person has a reasonable excuse. 18
Maximum penalty for subsection (3)--10 penalty units. 19
refusal by board to register provisional general registrant as a 20
Deemed
general registrant 21
67.(1) This section applies if-- 22
(a) a person is a provisional general registrant in a profession; and 23
(b) other than for section 53(4) or 54(5),14 the board would have been 24
taken to have decided to refuse to register the person as a general 25
13 Section 52 (Steps to be taken after application decided)
14 Section 53 (Failure to decide applications) or 54 (Further consideration of
applications)
s 68 48 s 69
Dental Technicians and Dental Prosthetists
Registration
registrant in the profession. 1
(2) The board is taken to have decided to refuse to register the person as a 2
general registrant on the expiry of the provisional general registration. 3
Division 4--Renewal of general registrations 4
1--Preliminary 5
Subdivision
of "recency of practice requirements" 6
Meaning
68.(1) "Recency of practice requirements", for a profession, are 7
requirements, prescribed under a regulation, that if satisfied demonstrate that 8
an applicant for renewal of a general registration in the profession has 9
maintained an adequate connection with the profession. 10
(2) The requirements may include requirements about the following-- 11
(a) the nature, extent and period of practice of the profession by the 12
applicant; 13
(b) the nature and extent of any continuing professional education 14
undertaken by the applicant; 15
(c) the nature and extent of any research, study or teaching, relating to 16
the profession, undertaken by the applicant; 17
(d) the nature and extent of any administrative work, relating to the 18
profession, performed by the applicant. 19
Subdivision 2--Applications for renewal of general registrations 20
of imminent expiry of registration 21
Notification
69. The board must give a general registrant notice of the imminent 22
expiry of the registration at least 60 days before the expiry. 23
s 70 49 s 70
Dental Technicians and Dental Prosthetists
Registration
requirements for applications 1
Procedural
70.(1) A general registrant may apply to the board for the renewal of the 2
registration. 3
(2) The application must be made within the period-- 4
(a) starting-- 5
(i) 60 days before the expiry of the registration; or 6
(ii) on an earlier day, if any, stated in the notice given to the 7
registrant under section 69; and 8
(b) ending immediately before the expiry. 9
(3) The application must-- 10
(a) be in the approved form; and 11
(b) be accompanied by-- 12
(i) the registration fee; and 13
(ii) any documents, identified in the approved form, the board 14
reasonably requires to decide the application. 15
(4) Information in the application must, if the approved form requires, be 16
verified by a statutory declaration. 17
(5) The approved form must require the applicant to state the following-- 18
(a) whether the applicant suffers from any ongoing medical 19
condition, of which the applicant is aware, that the applicant 20
knows or ought reasonably to know adversely affects the 21
applicant's ability to competently and safely practise the 22
profession to which the application relates;15 23
(b) if there are recency of practice requirements for the profession 24
relevant to the applicant, details of the extent to which the 25
applicant has satisfied the requirements. 26
15 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 71 50 s 72
Dental Technicians and Dental Prosthetists
Registration
registration taken to be in force while application is 1
General
considered 2
71.(1) If an application is made under section 70, the applicant's general 3
registration is taken to continue in force from the day it would, apart from 4
this section, have expired until-- 5
(a) if the board decides to renew the applicant's general 6
registration--the day a new certificate of general registration is 7
issued to the applicant under section 75(1); or 8
(b) if the board decides to refuse to renew the applicant's general 9
registration--the day an information notice about the decision is 10
given to the applicant under section 75(2); or 11
(c) if the application is taken to have been withdrawn under 12
section 72(4)--the day it is taken to have been withdrawn. 13
(2) Subsection (1) does not apply if the registration is earlier cancelled 14
under this Act or suspended or cancelled under the Health Practitioners 15
(Professional Standards) Act 1999. 16
Subdivision 3--Decision on applications 17
into applications 18
Inquiries
72.(1) Before deciding the application, the board-- 19
(a) may investigate the applicant; and 20
(b) may, by notice given to the applicant, require the applicant to give 21
the board, within a reasonable time of at least 30 days stated in the 22
notice, further information or a document the board reasonably 23
requires to decide the application; and 24
(c) may, if the board is not satisfied the applicant has satisfied 25
recency of practice requirements for the profession to which the 26
application relates, by notice given to the applicant, require the 27
applicant to undergo a written, oral or practical examination within 28
a reasonable time of at least 30 days stated in the notice, and at a 29
reasonable place. 30
s 73 51 s 74
Dental Technicians and Dental Prosthetists
Registration
(2) The board may require the information or document mentioned in 1
subsection (1)(b) to be verified by a statutory declaration. 2
(3) The purpose of an examination under subsection (1)(c) must be to 3
assess any effect the applicant's non-satisfaction of the requirements has on 4
the applicant's ability to competently and safely practise the profession to 5
which the application relates. 6
(4) The applicant is taken to have withdrawn the application if, within the 7
stated time, the applicant-- 8
(a) does not comply with a requirement under subsection (1)(b); or 9
(b) does not undergo an examination under subsection (1)(c). 10
11
Decision
73.(1) The board must consider the application and decide to renew, or 12
refuse to renew, the applicant's general registration. 13
(2) In making its decision, the board must have regard only to the extent, 14
if any, to which the applicant has satisfied recency of practice requirements 15
for the profession to which the application relates.16 16
(3) If there are no recency of practice requirements for the profession 17
relevant to the applicant, the board must decide to renew the applicant's 18
general registration. 19
of practice requirements are not satisfied 20
Recency
74.(1) This section applies if the board is not satisfied the applicant has 21
satisfied recency of practice requirements for the profession to which the 22
applicant's application relates. 23
(2) The board may decide to renew the applicant's general registration on 24
conditions ("recency of practice conditions") the board considers will 25
sufficiently address the extent to which the applicant has not satisfied the 26
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 for the profession to which the applicant's
application relates.
s 75 52 s 75
Dental Technicians and Dental Prosthetists
Registration
requirements. 1
(3) Before deciding to renew the registration on recency of practice 2
conditions, the board must-- 3
(a) give notice to the applicant-- 4
(i) of the details of the proposed conditions; and 5
(ii) of the reason for the proposed imposition of the conditions; 6
and 7
(iii) that the applicant may make a written submission to the 8
board about the proposed conditions within a reasonable 9
time of at least 14 days stated in the notice; and 10
(b) have regard to any written submission made to the board by the 11
applicant before the stated day. 12
(4) If the board decides to renew the registration on recency of practice 13
conditions, it must as soon as practicable-- 14
(a) also decide the review period applying to the conditions;17 and 15
(b) give the applicant an information notice about the decisions. 16
(5) The imposition of the conditions takes effect on the later of the 17
following-- 18
(a) when the information notice is given to the applicant; 19
(b) immediately after the day the registration would have expired, 20
other than for its renewal. 21
to be taken after application decided 22
Steps
75.(1) If the board decides to renew the applicant's general registration, it 23
must as soon as practicable issue a new certificate of general registration to 24
the applicant. 25
(2) If the board decides to refuse to renew the applicant's general 26
registration, it must as soon as practicable give the applicant an information 27
17 The conditions may be reviewed under division 7 (Reviewing conditions of
general registrations).
s 76 53 s 78
Dental Technicians and Dental Prosthetists
Registration
notice about the decision. 1
(3) Without affecting section 74(2), if the board decides to renew the 2
applicant's general registration, the renewed general registration is subject to 3
the conditions attaching to the registration immediately before the decision 4
takes effect.18 5
5--Restoration of general registrations 6
Division
of div 4, sdivs 1 and 3 7
Application
76. For restoring a general registration, division 4, subdivisions 1 and 3, 8
other than sections 74(5) and 75(3),19 apply as if-- 9
(a) an application for renewal of a general registration were an 10
application for restoration of a general registration; and 11
(b) an applicant for renewal of a general registration were an applicant 12
for restoration of a general registration; and 13
(c) a renewal of a general registration were a restoration of a general 14
registration. 15
an application for restoration of a general registration may be 16
When
made 17
77. If a person's general registration has expired, the person may apply to 18
the board for restoration of the registration within 3 months after the expiry. 19
requirements for applications 20
Procedural
78.(1) The application must-- 21
(a) be in the approved form; and 22
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 54 s 79
Dental Technicians and Dental Prosthetists
Registration
(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 following-- 8
(a) whether the applicant suffers from any ongoing medical 9
condition, of which the applicant is aware, that the applicant 10
knows or ought reasonably to know adversely affects the 11
applicant's ability to competently and safely practise the 12
profession to which the application relates;20 13
(b) if there are recency of practice requirements for the profession 14
relevant to the applicant, details of the extent to which the 15
applicant has satisfied the requirements. 16
of general registration as dental prosthetist 17
Restoration
79.(1) This section applies if-- 18
(a) a person holds general registration as a dental technician and 19
dental prosthetist; and 20
(b) the person's general registration as a dental prosthetist expires; 21
and 22
(c) the person applies under section 77 for the restoration of the 23
person's general registration as a dental prosthetist. 24
(2) The board must decide not to restore the person's general registration 25
as a dental prosthetist if the person does not hold general registration as a 26
20 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 80 55 s 83
Dental Technicians and Dental Prosthetists
Registration
dental technician. 1
(3) Section 73, as applied by section 76, is subject to this section. 2
of restored registration 3
Period
80. If the board decides to restore the applicant's general registration in a 4
profession during a general registration period for the profession, the 5
registration remains in force for the period-- 6
(a) commencing on the day when the board makes the decision; and 7
(b) ending on the last day of the general registration period. 8
of expired registration 9
Conditions
81. Without affecting section 74(2), as applied by section 76, if the board 10
decides to restore the applicant's general registration, the registration is 11
subject to the conditions attaching to the registration immediately before its 12
expiry. 13
recency of practice conditions take effect 14
When
82. If the board decides to restore the applicant's general registration on 15
recency of practice conditions, the imposition of the conditions takes effect 16
when the information notice about the decision is given by the board to the 17
applicant. 18
Division 6--Cancellation of general registrations 19
for cancellation 20
Ground
83. A person's general registration may be cancelled, under this division, 21
on the ground that the person was registered because of a materially false or 22
misleading representation or declaration. 23
s 84 56 s 86
Dental Technicians and Dental Prosthetists
Registration
cause notice 1
Show
84.(1) If the board believes the ground exists to cancel a general 2
registration, the board must before taking action to cancel the registration 3
give the registrant a notice (a "show cause notice"). 4
(2) The show cause notice must-- 5
(a) state the board proposes to cancel the registration; and 6
(b) state the ground for the proposed cancellation; and 7
(c) outline the facts and circumstances forming the basis for the 8
ground; and 9
(d) if the registration is general registration as a dental technician and 10
the registrant is also registered as a dental prosthetist--state that if 11
the general registration as a dental technician is cancelled, the 12
general registration or provisional general registration as a dental 13
prosthetist ends;21 and 14
(e) invite the registrant to show within a stated period (the "show 15
cause period") why the registration should not be cancelled. 16
(3) The show cause period must be a period ending not less than 21 days 17
after the show cause notice is given to the registrant. 18
about show cause notices 19
Representations
85.(1) The registrant may make written representations about the show 20
cause notice to the board in the show cause period. 21
(2) The board must consider all written representations (the "accepted 22
representations") made under subsection (1). 23
show cause process without further action 24
Ending
86.(1) This section applies if, after considering the accepted 25
representations for the show cause notice, the board no longer believes the 26
ground exists to cancel the registration. 27
21 See section 119 (Effect on dental prosthetics registration if registration as dental
technician ceases to have effect).
s 87 57 s 88
Dental Technicians and Dental Prosthetists
Registration
(2) The board must not take any further action about the show cause 1
notice. 2
(3) The board must also as soon as practicable after coming to the belief 3
give notice to the registrant that no further action is to be taken about the 4
show cause notice. 5
6
Cancellation
87.(1) This section applies if, after considering the accepted 7
representations for the show cause notice, the board-- 8
(a) still believes the ground exists to cancel the registration; and 9
(b) believes cancellation of the registration is warranted. 10
(2) This section also applies if there are no accepted representations for 11
the show cause notice. 12
(3) The board may decide to cancel the registration. 13
(4) If the board decides to cancel the registration, it must as soon as 14
practicable give the registrant an information notice about the decision. 15
(5) The decision takes effect on the day the information notice is given to 16
the registrant. 17
of cancelled certificate of general registration to board 18
Return
88.(1) This section applies if the board decides to cancel a general 19
registration and gives an information notice for the decision to the registrant. 20
(2) The registrant must return the certificate of general registration to the 21
board within 14 days after receiving the information notice, unless the 22
registrant has a reasonable excuse. 23
Maximum penalty for subsection (2)--10 penalty units. 24
s 89 58 s 90
Dental Technicians and Dental Prosthetists
Registration
Division 7--Reviewing conditions of general registrations 1
1--Review of conditions imposed by the board or District 2
Subdivision
Court 3
of conditions 4
Review
89.(1) Conditions imposed on a general registration under this Act may 5
be reviewed under this division. 6
(2) However, conditions imposed on a general registration as a dental 7
prosthetist under section 52(3)22 may not be reviewed under this division.23 8
registrant may start a review 9
How
90.(1) The registrant to whom the conditions relate may apply to the 10
board for a review of the conditions. 11
(2) However, the application must not be made-- 12
(a) during the review period applying to the conditions; or 13
(b) while an appeal to the District Court about the decision to impose 14
the conditions is pending. 15
(3) The application must-- 16
(a) be in the approved form; and 17
(b) be accompanied by the fee prescribed under a regulation. 18
(4) The approved form must require the registrant to state-- 19
(a) that the registrant believes the conditions are no longer 20
appropriate; and 21
(b) the reason for the registrant's belief. 22
22 Section 52 (Steps to be taken after application decided)
23 See section 97 (Effect on dental prosthetic registration if conditions on dental
technician registration are changed or removed).
s 91 59 s 92
Dental Technicians and Dental Prosthetists
Registration
(5) The board must consider the application and make a decision under 1
section 95. 2
of conditions during review period 3
Review
91.(1) This section applies if, during the review period applying to the 4
conditions, the board reasonably believes the conditions may no longer be 5
appropriate. 6
(2) The board may, with the written agreement of the registrant to whom 7
the conditions relate, review the conditions. 8
powers before making decision 9
Board's
92.(1) Before making its decision under section 95, the board-- 10
(a) may investigate the registrant; and 11
(b) may, by notice given to the registrant, require the registrant to give 12
the board, within a reasonable time of at least 30 days stated in the 13
notice, further information or a document the board reasonably 14
requires to make the decision; and 15
(c) may, by notice given to the registrant, require the registrant to 16
undergo a written, oral or practical examination within a 17
reasonable time of at least 30 days stated in the notice, and at a 18
reasonable place; and 19
(d) may, by notice given to the registrant, require the registrant to 20
undergo a health assessment within a reasonable time of at least 21
30 days stated in the notice, and at a reasonable place. 22
(2) The board may require the information or document mentioned in 23
subsection (1)(b) to be verified by a statutory declaration. 24
(3) Subject to section 95(2), the purpose of an examination under 25
subsection (1)(c) must be to assess the registrant's ability to competently 26
and safely practise the profession to which the registrant's registration 27
relates. 28
(4) Subject to section 95(2), the purpose of an assessment under 29
subsection (1)(d) must be to assess the registrant's mental and physical 30
s 93 60 s 94
Dental Technicians and Dental Prosthetists
Registration
capacity to competently and safely practise the profession to which the 1
registrant's registration relates. 2
(5) Also, a notice under subsection (1)(d) must state-- 3
(a) the reason for the assessment; and 4
(b) the name and qualifications of the person appointed by the board 5
to conduct the assessment; and 6
(c) the place where, and the day and time at which, the assessment is 7
to be conducted. 8
of ss 4750 9
Application
93.(1) This section applies if the board believes it is necessary for the 10
registrant to undergo a health assessment under section 92(1)(d). 11
(2) Sections 47 to 5024 apply as if-- 12
(a) an applicant for general registration were the registrant; and 13
(b) the reference in section 47(1) to section 46(1)(d) were a reference 14
to section 92(1)(d). 15
withdrawal of application etc. 16
Deemed
94.(1) Subsections (2) and (3) apply if the conditions are being reviewed 17
because of an application made by the registrant under section 90. 18
(2) The registrant is taken to have withdrawn the application if, within the 19
stated time, the registrant-- 20
(a) does not comply with a requirement under section 92(1)(b); or 21
(b) does not undergo an examination under section 92(1)(c); or 22
(c) does not undergo an assessment under section 92(1)(d). 23
(3) A notice under section 92(1)(b), (c) or (d) must be given to the 24
registrant within 60 days after the board receives the application. 25
24 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 61 s 95
Dental Technicians and Dental Prosthetists
Registration
(4) Subsections (5) and (6) apply if the conditions are being reviewed 1
under section 91. 2
(5) The board is taken to have decided to confirm the conditions if, within 3
the stated time, the registrant-- 4
(a) does not comply with a requirement under section 92(1)(b); or 5
(b) does not undergo an examination under section 92(1)(c); or 6
(c) does not undergo an assessment under section 92(1)(d). 7
(6) A notice under section 92(1)(b), (c) or (d) must be given to the 8
registrant within 60 days after the board agrees with the registrant to review 9
the conditions. 10
11
Decision
95.(1) After reviewing the conditions, the board must decide-- 12
(a) to confirm the conditions; or 13
(b) to remove the conditions; or 14
(c) to change the conditions. 15
(2) In making its decision, the board must consider whether the 16
conditions remain necessary or desirable for the registrant to competently 17
and safely practise the profession to which the registrant's registration 18
relates. 19
(3) If the board decides to confirm or change the conditions, the 20
conditions may only be confirmed or changed for the reasons the conditions 21
were initially imposed. 22
(4) If the board decides to confirm or change the conditions, it must as 23
soon as practicable-- 24
(a) also decide the review period applying to the confirmed or 25
changed conditions; and 26
(b) give the registrant an information notice about the decisions. 27
(5) If the board decides to remove the conditions, it must as soon as 28
practicable give the registrant notice of the decision. 29
s 96 62 s 97
Dental Technicians and Dental Prosthetists
Registration
decision takes effect 1
When
96.(1) If the board decides to confirm the conditions, the decision takes 2
effect when it is made. 3
(2) If the board decides to change the conditions, the change takes effect 4
when an information notice about the decision is given to the registrant 5
under section 95(4)(b) and does not depend on the certificate of general 6
registration being amended to record the change or a replacement certificate 7
of general registration being issued. 8
(3) If the board decides to remove the conditions, the removal takes effect 9
when notice of the decision is given to the registrant under section 95(5) and 10
does not depend on the certificate of general registration being amended to 11
record the removal or a replacement certificate of general registration being 12
issued. 13
on dental prosthetics registration if conditions on dental 14
Effect
technician registration are changed or removed 15
97.(1) This section applies if-- 16
(a) a registrant holds general registration as a dental prosthetist; and 17
(b) the registrant's general registration as a dental technician is subject 18
to conditions; and 19
(c) the conditions are changed or removed under this Act.25 20
(2) The conditions are taken to be-- 21
(a) for a decision to change the conditions on the registrant's general 22
registration as a dental technician--changed in the same way on 23
the registrant's general registration as a dental prosthetist; and 24
(b) for a decision to remove the conditions from the registrant's 25
general registration as a dental technician--removed from the 26
registrant's general registration as a dental prosthetist. 27
25 See section 52(3) which provides that if the board decides to register a person as
a general registrant in the dental prosthetics profession, the general registration is
subject to the conditions, other than any recency of practice conditions,
attaching to the person's general registration as a dental technician immediately
before the decision takes effect.
s 98 63 s 98
Dental Technicians and Dental Prosthetists
Registration
(3) The change to, or removal of, the conditions on the general 1
registration as a dental prosthetist takes effect on the same day (the 2
"effective day") as the day the board's decision to change or remove the 3
conditions on the general registration as a dental technician takes effect. 4
(4) The information notice given to the registrant about the decision to 5
change or remove the conditions on the registrant's general registration as a 6
dental technician must also include a direction to the registrant to return the 7
certificate of general registration as a dental prosthetist within 14 days after 8
the effective day. 9
(5) The registrant must return the certificate to the board within 14 days 10
after the effective day, unless the registrant has a reasonable excuse. 11
Maximum penalty--10 penalty units. 12
(6) On receiving the certificate, the board must-- 13
(a) amend the certificate in an appropriate way and return the 14
amended certificate to the registrant; or 15
(b) if the board does not consider it practicable to amend the 16
certificate--issue another certificate of general registration as a 17
dental prosthetist to the registrant to replace the certificate returned 18
to the board. 19
(7) In this section-- 20
"conditions" means conditions other than recency of practice conditions. 21
by board to make decision on application 22
Failure
98.(1) Subject to subsections (2) and (3), if the board fails to decide an 23
application under section 9026 within 60 days after its receipt, the failure is 24
taken to be a decision by the board to remove the conditions. 25
(2) Subsection (3) applies if the board has-- 26
(a) under section 92(1)(b), 27 required the applicant to give the board 27
further information or a document; or 28
26 Section 90 (How registrant may start a review)
27 Section 92 (Board's powers before making decision)
s 99 64 s 99
Dental Technicians and Dental Prosthetists
Registration
(b) under section 92(1)(c), required the applicant to undergo an 1
examination; or 2
(c) under section 92(1)(d), required the applicant to undergo a health 3
assessment. 4
(3) The board is taken to have decided to remove the conditions if the 5
board fails to decide the application by the latest of the following days-- 6
(a) the day that is 60 days after the board receives the further 7
information or document; 8
(b) the day that is 60 days after the board receives the results of the 9
examination; 10
(c) the day that is 60 days after the board receives the assessment 11
report. 12
(4) The removal of the conditions under subsection (1) or (3) does not 13
depend on the certificate of general registration being amended to record the 14
removal or a replacement certificate of general registration being issued. 15
by board to make decision on review agreed to under s 91 16
Failure
99.(1) Subject to subsections (2) and (3), if the board fails to make a 17
decision on a review agreed to under section 9128 within 60 days after the 18
agreement, the failure is taken to be a decision by the board to remove the 19
conditions. 20
(2) Subsection (3) applies if the board has-- 21
(a) under section 92(1)(b), required the registrant to give the board 22
further information or a document; or 23
(b) under section 92(1)(c), required the registrant to undergo an 24
examination; or 25
(c) under section 92(1)(d), required the registrant to undergo a health 26
assessment. 27
(3) The board is taken to have decided to remove the conditions if the 28
board fails to make a decision on the review by the latest of the following 29
28 Section 91 (Review of conditions during review period)
s 100 65 s 101
Dental Technicians and Dental Prosthetists
Registration
days-- 1
(a) the day that is 60 days after the board receives the further 2
information or document; 3
(b) the day that is 60 days after the board receives the results of the 4
examination; 5
(c) the day that is 60 days after the board receives the assessment 6
report. 7
(4) The removal of the conditions under subsection (1) or (3) does not 8
depend on the certificate of general registration being amended to record the 9
removal or a replacement certificate of general registration being issued. 10
decision required if certain conditions changed 11
Further
100.(1) This section applies if the conditions were imposed because of 12
the registrant's mental and physical health. 13
(2) If the board decides to change the conditions, it must also decide 14
whether details of the changed conditions must be recorded in the register 15
for the period for which the conditions are in force. 16
(3) The board must decide not to record details of the changed conditions 17
in the register unless it reasonably believes it is in the interests of users of 18
the registrant's services or the public to know the details. 19
2--Recording change, or removal, of conditions 20
Subdivision
of, or replacing, certificates of general registration 21
Amendment
101.(1) This section applies if-- 22
(a) a general registrant receives an information notice, under 23
section 95(4)(b), about decisions relating to a change of the 24
conditions of the registration; or 25
(b) a general registrant receives a notice, under section 95(5), about a 26
decision to remove the conditions of the registration; or 27
(c) the board is taken, under section 98 or 99, to have decided to 28
s 102 66 s 102
Dental Technicians and Dental Prosthetists
Registration
remove the conditions of a general registration. 1
(2) The registrant must return the certificate of general registration to the 2
board-- 3
(a) if subsection (1)(a) or (b) applies--within 14 days after receiving 4
the notice, unless the registrant has a reasonable excuse; or 5
(b) if subsection (1)(c) applies--within 14 days after the day the 6
registrant actually becomes aware of the removal. 7
Maximum penalty--10 penalty units. 8
(3) 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 general registration to the 13
registrant to replace the certificate returned to the board. 14
8--Special purpose registrations 15
Division
1--Applications for special purpose registration 16
Subdivision
of special activities relating to the profession 17
Undertaking
102. A person may obtain special purpose registration to undertake 1 or 18
more of the following activities (the "special activities") relating to a 19
profession-- 20
(a) study or train at postgraduate level; 21
(b) teach; 22
(c) engage in research; 23
(d) give clinical demonstrations. 24
s 103 67 s 104
Dental Technicians and Dental Prosthetists
Registration
of divs 2 and 3 1
Application
103.(1) For a person being registered as a special purpose registrant, 2
division 2, other than subdivisions 2, 6 and 7 and section 52(3) and (4), and 3
division 329 apply as if-- 4
(a) an application for general registration were an application for 5
special purpose registration; and 6
(b) an applicant for general registration were an applicant for special 7
purpose registration; and 8
(c) a general registration were a special purpose registration; and 9
(d) a general registrant were a special purpose registrant; and 10
(e) a certificate of general registration were a certificate of special 11
purpose registration; and 12
(f) a provisional general registrant were a provisional special purpose 13
registrant; and 14
(g) a provisional general registration were a provisional special 15
purpose registration; and 16
(h) a certificate of provisional general registration were a certificate of 17
provisional special purpose registration. 18
(2) The approved form for a certificate of special purpose registration, or 19
provisional special purpose registration, must also provide for the inclusion 20
of details of the special activity for which the registrant is registered. 21
22
Eligibility
104. An applicant for special purpose registration in a profession is 23
eligible for special purpose registration in the profession if the applicant-- 24
(a) has a qualification required for special purpose registration in the 25
29 Division 2 (Applications for general registration), subdivisions 2 (Eligibility for
general registration), 6 (Period of general registration) and 7 (Conditions of
general registration) and section 52 (Steps to be taken after application decided)
and division 3 (Provisional general registration)
s 105 68 s 106
Dental Technicians and Dental Prosthetists
Registration
profession; and 1
(b) is a suitable person to be a special purpose registrant. 2
for special purpose registration 3
Qualifications
105.(1) An applicant for special purpose registration in a profession has a 4
qualification required for special purpose registration in the profession if the 5
applicant is the holder of a qualification in the profession recognised by the 6
board. 7
(2) In deciding whether to recognise the qualification, the board may have 8
regard to the following-- 9
(a) whether the course leading to the qualification has been accredited 10
by an entity responsible for accrediting courses for the profession; 11
(b) whether the educational institution conferring or awarding the 12
qualification has been accredited by an entity responsible for 13
accrediting institutions to educate persons for the profession; 14
(c) the advice and recommendations of an entity recognised by the 15
board as competent to assess qualifications in the profession. 16
to be a special purpose registrant 17
Suitability
106. In deciding whether an applicant for special purpose registration in a 18
profession is a suitable person to be a special purpose registrant in the 19
profession, the board may have regard to the following-- 20
(a) whether the applicant has been convicted of an indictable offence; 21
(b) whether the applicant has been convicted of an offence against the 22
repealed Act, this Act, the Health Practitioners (Professional 23
Standards) Act 1999 or a corresponding law; 24
(c) if the applicant has been registered under this Act or the repealed 25
Act in the profession or is, or has been, registered under a 26
corresponding law in the profession and the registration was 27
affected-- 28
(i) by the imposition of a condition--the nature of the condition 29
and the reason for its imposition; or 30
s 107 69 s 110
Dental Technicians and Dental Prosthetists
Registration
(ii) by its suspension or cancellation--the reason for its 1
suspension or cancellation; or 2
(iii) in another way--the way it was affected and the reason for it 3
being affected; 4
(d) any other issue relevant to the applicant's ability to undertake the 5
special activity the subject of the application. 6
of special purpose registration 7
Period
107. If the board decides to register the applicant as a special purpose 8
registrant, the registration remains in force for the period, not more than 9
1 year, decided by the board when deciding to register the applicant as a 10
special purpose registrant. 11
of conditions by board 12
Imposition
108.(1) The board may decide to register the applicant as a special 13
purpose registrant on conditions the board considers necessary or desirable 14
for the applicant to competently and safely undertake the special activity the 15
subject of the application. 16
(2) If the board decides to register the applicant as a special purpose 17
registrant on conditions, it must as soon as practicable give the applicant an 18
information notice about the decision. 19
of conditions 20
Contravention
109. A special purpose registrant must not contravene a condition of the 21
registration imposed under this Act. 22
Maximum penalty--100 penalty units. 23
Subdivision 2--Renewal of special purpose registrations 24
of div 4, sdivs 2 and 3 25
Application
110. For renewing a special purpose registration, division 4, 26
s 111 70 s 112
Dental Technicians and Dental Prosthetists
Registration
subdivisions 2 and 3, other than sections 70(5)(a) and 75(3)30 and the 1
provisions to the extent to which they relate to recency of practice 2
requirements, apply as if-- 3
(a) an application for the renewal of a general registration were an 4
application for the renewal of a special purpose registration; and 5
(b) an applicant for the renewal of a general registration were an 6
applicant for the renewal of a special purpose registration; and 7
(c) an applicant's general registration were an applicant's special 8
purpose registration; and 9
(d) a general registrant were a special purpose registrant; and 10
(e) a certificate of general registration were a certificate of special 11
purpose registration. 12
that may be considered in deciding whether to renew special 13
Matters
purpose registrations 14
111. In deciding whether to renew a special purpose registration, the 15
board may have regard to the matters to which the board may have regard in 16
deciding whether a proposed special purpose registrant is a suitable person 17
to be a special purpose registrant.31 18
of conditions by board 19
Imposition
112.(1) The board may decide to renew a special purpose registration on 20
conditions the board considers necessary or desirable for the registrant to 21
competently and safely undertake the special activity the subject of the 22
registration. 23
(2) If the board decides to renew a special purpose registration on 24
30 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)
31 See section 106 (Suitability to be a special purpose registrant) for a list of the
matters.
s 113 71 s 115
Dental Technicians and Dental Prosthetists
Registration
conditions, it must as soon as practicable give the registrant an information 1
notice about the decision. 2
(3) To remove doubt, it is declared that any conditions attaching to the 3
registration immediately before its renewal do not continue to apply to the 4
registration on its renewal. 5
of renewed special purpose registration 6
Period
113. If the board decides to renew a special purpose registration, the 7
registration remains in force for the period, not more than 1 year, decided by 8
the board when deciding to renew the registration. 9
Subdivision 3--Cancellation of special purpose registrations 10
of div 6 11
Application
114. For cancelling a special purpose registration, division 6, other than 12
sections 83 and 84(2)(d), applies as if32-- 13
(a) a general registration were a special purpose registration; and 14
(b) a certificate of general registration were a certificate of special 15
purpose registration. 16
for cancellation 17
Grounds
115. Each of the following is a ground for cancelling a special purpose 18
registration-- 19
(a) the registrant has practised the profession to which the registration 20
relates other than for the special activity for which the registrant is 21
registered; 22
(b) the registrant has been convicted of an indictable offence; 23
(c) the registrant has been convicted of an offence against this Act, 24
32 Division 6 (Cancellation of general registrations), sections 83 (Ground for
cancellation) and 84 (Show cause notice)
s 116 72 s 116
Dental Technicians and Dental Prosthetists
Registration
the Health Practitioners (Professional Standards) Act 1999 or a 1
corresponding law; 2
(d) the registrant has contravened a condition of the registration; 3
(e) the registrant was registered because of a materially false or 4
misleading representation or declaration. 5
4--Removal of conditions 6
Subdivision
7
Removal
116.(1) This section applies if the board reasonably believes the 8
conditions imposed on a special purpose registration under this Act are no 9
longer appropriate. 10
(2) The board must decide to remove the conditions. 11
(3) The board must give the registrant notice of the decision as soon as 12
practicable after it is made. 13
(4) The registrant must return the certificate of special purpose 14
registration to the board within 14 days after receiving the notice, unless the 15
registrant has a reasonable excuse. 16
Maximum penalty--10 penalty units. 17
(5) On receiving the certificate, the board must-- 18
(a) amend the certificate in an appropriate way and return the 19
amended certificate to the registrant; or 20
(b) if the board does not consider it practicable to amend the 21
certificate--issue another certificate of special purpose registration 22
to the registrant to replace the certificate returned to the board. 23
(6) The removal takes effect when notice of the decision is given to the 24
registrant and does not depend on the certificate of special purpose 25
registration being amended to record the removal or a replacement certificate 26
of special purpose registration being issued. 27
s 117 73 s 119
Dental Technicians and Dental Prosthetists
Registration
Division 9--General provisions about registrations 1
is taken to be registered under this part 2
Person
117.(1) This section applies if, under this Act, an entity decides to-- 3
(a) register a person in a profession; or 4
(b) restore a person's registration in a profession. 5
(2) The person is taken to be registered under this part in the profession. 6
of registrations 7
Surrender
118.(1) A registrant may surrender the registration by notice given to the 8
board. 9
(2) The surrender takes effect-- 10
(a) on the day the notice is given to the board; or 11
(b) if a later day of effect is stated in the notice, on the later day. 12
(3) The registrant must return the certificate of registration to the board 13
within 14 days after the day the surrender takes effect, unless the registrant 14
has a reasonable excuse. 15
Maximum penalty for subsection (3)--10 penalty units. 16
on dental prosthetics registration if registration as dental 17
Effect
technician ceases to have effect 18
119.(1) This section applies if a dental prosthetist's general registration as 19
a dental technician ends under this Act. 20
(2) The registrant's general registration or provisional general registration 21
as a dental prosthetist ends on the same day (the "effective day") as the day 22
the general registration as a dental technician ends. 23
(3) Subsection (2) applies despite section 71.33 24
33 Section 71 (General registration taken to be in force while application is
considered)
s 120 74 s 121
Dental Technicians and Dental Prosthetists
Registration
(4) If the registrant's general registration as a dental technician is 1
cancelled by the board, the information notice given to the registrant about 2
the decision to cancel the registration must also include a direction to the 3
registrant to return the certificate of general registration or certificate of 4
provisional general registration as a dental prosthetist within 14 days after 5
the effective day. 6
(5) The registrant must return the certificate to the board within 14 days 7
after the effective day, unless the registrant has a reasonable excuse. 8
Maximum penalty for subsection (5)--10 penalty units. 9
of certificates of registration 10
Replacement
120.(1) A registrant may apply to the board for the replacement of the 11
certificate of registration if it has been lost, stolen, destroyed or damaged. 12
(2) The board must consider the application and decide to grant, or refuse 13
to grant, the application. 14
(3) The board must decide to grant the application if it is satisfied the 15
certificate has been lost, stolen or destroyed, or damaged in a way to require 16
its replacement. 17
(4) If the board decides to grant the application, it must on payment of the 18
fee prescribed under a regulation-- 19
(a) replace the lost, stolen, destroyed or damaged certificate with 20
another certificate of registration; and 21
(b) give the replacement certificate of registration to the applicant. 22
(5) If the board decides to refuse to grant the application, it must as soon 23
as practicable give the applicant an information notice about the decision. 24
copy of certificates of registration 25
Certified
121. A registrant may, on payment of the fee prescribed under a 26
regulation, obtain from the board a certified copy of the certificate of 27
registration. 28
s 122 75 s 124
Dental Technicians and Dental Prosthetists
Registration
of change in circumstances 1
Notification
122. A registrant must, within 21 days after the happening of a change in 2
the registrant's circumstances prescribed under a regulation, advise the 3
board of the change. 4
Maximum penalty--10 penalty units. 5
about recording certain conditions in register 6
Decision
123.(1) This section applies if a person holds general registration as a 7
dental technician and dental prosthetist and-- 8
(a) conditions ("health conditions") are imposed under this Act on 9
the registrant's general registration as a dental technician because 10
of the registrant's mental or physical health; or 11
(b) the health conditions (the "changed health conditions") are 12
changed under this Act. 13
(2) The decision made, under this Act, about recording details of the 14
health conditions or changed health conditions in the register applies in the 15
same way to the same conditions attaching to the registrant's general 16
registration as a dental prosthetist. 17
of certain events to interstate regulatory authorities and 18
Notification
other entities 19
124.(1) This section applies if-- 20
(a) a person's general registration or special purpose registration is 21
cancelled under this Act; or 22
(b) conditions are imposed, under this Act, on a person's general 23
registration or special purpose registration; or 24
(c) conditions on a person's general registration or special purpose 25
registration are removed under this Act. 26
(2) As soon as practicable after an event mentioned in subsection (1) 27
happens, the board must give notice about the event to each interstate 28
regulatory authority with which the board is aware the person is registered. 29
s 124 76 s 124
Dental Technicians and Dental Prosthetists
Registration
(3) Also, the board may give notice about the event to any of the 1
following-- 2
(a) the chief executive; 3
(b) other State regulatory authorities; 4
(c) foreign regulatory authorities; 5
(d) professional colleges of which the person is eligible to be a 6
member; 7
(e) professional associations of which the person is eligible to be a 8
member; 9
(f) an employer of the person; 10
(g) the Health Insurance Commission; 11
(h) the Health Rights Commissioner; 12
(i) the Minister; 13
(j) another entity having a connection with the person's practice as a 14
general or special purpose registrant. 15
(4) However, the board must not give a notice about the event to an entity 16
under subsection (3) unless the board reasonably believes-- 17
(a) the entity needs to know about the event; and 18
(b) giving the entity notice about the event will assist in achieving the 19
objects of this Act. 20
(5) A notice under this section may include the information the board 21
considers appropriate in the circumstances. 22
(6) In this section-- 23
"impose", a condition, does not include confirm the condition. 24
"State regulatory authorities" means boards established under the health 25
practitioner registration Acts. 26
s 125 77 s 125
Dental Technicians and Dental Prosthetists
Registration
ART 4--OBLIGATIONS OF REGISTRANTS AND 1
P
OTHER PERSONS 2
1--Restricted titles and holding out 3
Division
of restricted titles etc. 4
Taking
125.(1) A person who is not a registrant in a profession must not take or 5
use a restricted title for the profession. 6
Maximum penalty--1 000 penalty units. 7
8
Examples of an individual taking or using a restricted title--
9
1. AB describes himself or herself as `AB, dental technician'.
10
2. AB describes himself or herself as `AB, dental prosthetist'.
11
Examples of a corporation taking or using a restricted title--
12
1. ABC Pty Ltd describes itself as `ABC Pty Ltd, dental technicians'.
13
2. ABC Pty Ltd describes itself as `ABC Pty Ltd, dental prosthetists'.
14
3. A corporation having a restricted title as part of its name.
(2) Subsection (1) does not apply to a person if-- 15
(a) the person takes or uses a restricted title for a profession as part of 16
a business name for a business providing professional services in 17
the profession; and 18
(b) in the carrying on of the business by the person, a registrant in the 19
profession provides professional services in the profession. 20
(3) Also, subsection (1) does not apply to a person if-- 21
(a) the person is undertaking study or training in the practice of a 22
profession to obtain a qualification for registration in the 23
profession; and 24
(b) the person takes or uses a restricted title for the profession, in the 25
course of the study or training, in conjunction with words that 26
indicate the person is a student or trainee in the profession. 27
(4) A person (the "first person") must not, in relation to another person 28
s 125 78 s 125
Dental Technicians and Dental Prosthetists
Registration
who the first person knows, or ought reasonably to know, is not a registrant 1
in a profession, use a restricted title for the profession. 2
Maximum penalty--1 000 penalty units. 3
(5) Subsection (4) does not apply if-- 4
(a) the other person is undertaking study or training in the practice of 5
a profession to obtain a qualification for registration in the 6
profession; and 7
(b) the first person takes or uses a restricted title for the profession in 8
relation to the other person, in the course of the study or training, 9
in conjunction with words that indicate the other person is a 10
student or trainee in the profession. 11
(6) A person who is not a registrant in a profession must not take or use 12
a title (other than a restricted title), name, initial, symbol, word or 13
description that, having regard to the circumstances in which it is taken or 14
used, indicates or could be reasonably understood to indicate-- 15
(a) if the profession is the dental technology profession, the person is 16
a dental technician; or 17
(b) if the profession is the dental prosthetics profession, the person is 18
a dental prosthetist; or 19
(c) the person is authorised or qualified to practise the profession. 20
Maximum penalty--500 penalty units. 21
(7) A person (the "first person") must not, in relation to another person 22
who the first person knows, or ought reasonably to know, is not a registrant 23
in a profession, use a title (other than a restricted title), name, initial, symbol, 24
word or description that, having regard to the circumstances in which it is 25
used, indicates or could reasonably be understood to indicate-- 26
(a) if the profession is the dental technology profession, the other 27
person is a dental technician; or 28
(b) if the profession is the dental prosthetics profession, the other 29
person is a dental prosthetist; or 30
(c) the other person is authorised or qualified to practise the 31
profession. 32
s 126 79 s 128
Dental Technicians and Dental Prosthetists
Registration
Maximum penalty--500 penalty units. 1
(8) In this section the terms `dental technician' and `dental prosthetist' are 2
not limited by the meanings of the terms in the dictionary in schedule 4. 3
by persons as to registration 4
Claims
126. A person who is not a registrant in a profession must not-- 5
(a) claim, or hold himself or herself out, to be registered under this 6
Act in the profession; or 7
(b) allow himself or herself to be held out as being registered under 8
this Act in the profession; or 9
(c) claim, or hold himself or herself out, to be eligible to be registered 10
under this Act in the profession. 11
Maximum penalty--1 000 penalty units. 12
by persons as to other persons' registration 13
Claims
127. A person must not hold out another person as being registered 14
under this Act in a profession if the person knows, or ought reasonably to 15
know, the other person is not registered under this Act in the profession. 16
Maximum penalty--1 000 penalty units. 17
18
Example--
19
A person carrying on a business providing dental prosthetic services must not hold
20
out that an employee of the person is a dental prosthetist if the person knows the
21
employee is not a dental prosthetist.
on special purpose registrants, provisional general 22
Restrictions
registrants and provisional special purpose registrants 23
128.(1) A person who is a special purpose registrant or provisional 24
special purpose registrant must not-- 25
(a) claim, or hold himself or herself out, to be a general registrant or 26
provisional general registrant; or 27
(b) allow himself or herself to be held out as being a general 28
s 129 80 s 129
Dental Technicians and Dental Prosthetists
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registrant or provisional general registrant; or 1
(c) claim, or hold himself or herself out, to be eligible to be a general 2
registrant or provisional general registrant. 3
Maximum penalty--100 penalty units. 4
(2) A person who is a provisional general registrant must not-- 5
(a) claim, or hold himself or herself out, to be a general registrant; or 6
(b) allow himself or herself to be held out as being a general 7
registrant; or 8
(c) claim, or hold himself or herself out, to be eligible to be a general 9
registrant. 10
Maximum penalty--100 penalty units. 11
(3) A person who is a provisional special purpose registrant must not-- 12
(a) claim, or hold himself or herself out, to be a special purpose 13
registrant; or 14
(b) allow himself or herself to be held out as being a special purpose 15
registrant; or 16
(c) claim, or hold himself or herself out, to be eligible to be a special 17
purpose registrant. 18
Maximum penalty--100 penalty units. 19
on registrants registered on conditions 20
Restrictions
129. A registrant who is registered on conditions must not-- 21
(a) claim, or hold himself or herself out, to be registered without the 22
conditions or any conditions; or 23
(b) allow himself or herself to be held out as being registered without 24
the conditions or any conditions. 25
Maximum penalty--100 penalty units. 26
s 130 81 s 131
Dental Technicians and Dental Prosthetists
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Division 2--Notification of business names and other details 1
of business names etc. 2
Notification
130.(1) A registrant must, before carrying on a business providing 3
professional services under a business name other than the registrant's own 4
name, give the board notice of the business name. 5
Maximum penalty--10 penalty units. 6
(2) Subsection (1) applies whether or not the business name is registered 7
under the Business Names Act 1962. 8
(3) An individual who is not a registrant must, before carrying on a 9
business providing professional services, give the board notice of-- 10
(a) the business name of the business (whether or not the name is 11
registered under the Business Names Act 1962); and 12
(b) the name and address of the individual. 13
Maximum penalty--10 penalty units. 14
(4) A corporation must, before carrying on a business providing 15
professional services, give the board notice of-- 16
(a) the business name of the business (whether or not the name is 17
registered under the Business Names Act 1962); and 18
(b) the name and principal address of the corporation; and 19
(c) the names and addresses of-- 20
(i) if the corporation is a corporation under the Corporations 21
Law--the directors of the corporation; or 22
(ii) if the corporation is not a corporation under the Corporations 23
Law--the members of the governing body of the 24
corporation. 25
Maximum penalty for subsection (4)--50 penalty units. 26
of change in business names etc. 27
Notification
131.(1) This section applies if-- 28
s 132 82 s 132
Dental Technicians and Dental Prosthetists
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(a) a person has given the board a notice under section 130; and 1
(b) there is a change in the information contained in the notice. 2
(2) The person must, within 14 days after the happening of the change, 3
give the board notice of the change. 4
Maximum penalty--10 penalty units. 5
(3) The person does not commit an offence against section 130 during 6
the period of 14 days after the happening of the change if the person 7
complies with subsection (2). 8
Division 3--Advertising 9
of advertisers 10
Obligations
132.(1) A person must not advertise a professional service, or a business 11
providing professional services, in a way that-- 12
(a) is false, misleading or deceptive or is likely to be misleading or 13
deceptive; or 14
15
Example for paragraph (a)--
16
An advertisement that contains a false claim about the beneficial
17
outcome of a professional service.
(b) offers a discount, gift or other inducement to attract a person to 18
use the service or the business, unless the advertisement also 19
states the terms of the offer; or 20
(c) refers to, uses or cites actual or purported endorsements or 21
testimonials about the service or business, or a registrant; or 22
(d) is disparaging of-- 23
(i) a professional service provided by another person; or 24
(ii) a business providing professional services; or 25
(iii) a registrant. 26
Maximum penalty--200 penalty units. 27
(2) A person must not advertise a professional service that the person 28
s 133 83 s 134
Dental Technicians and Dental Prosthetists
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knows or ought reasonably know will, or is likely to, harm a person to 1
whom it is provided. 2
Maximum penalty--200 penalty units. 3
(3) A person must not advertise a registrant's expertise in a field of 4
practice of the profession to which the registrant's registration relates unless 5
the registrant has the skills, knowledge, training or qualifications necessary 6
to practise in the field. 7
Maximum penalty--200 penalty units. 8
(4) A printer or publisher does not commit an offence against 9
subsection (1), (2) or (3) merely by, as part of his or her business, printing 10
or publishing an advertisement for another person. 11
to appear in advertisements 12
Information
133.(1) A person must not advertise a professional service, or a business 13
providing professional services, unless-- 14
(a) if a registrant provides the service, or carries on the business, 15
under a business name that is the registrant's own name--the 16
registrant's name is stated in the advertisement; or 17
(b) otherwise--the business name notified to the board under 18
section 130(1), (3) or (4) is stated in the advertisement. 19
Maximum penalty--50 penalty units. 20
(2) A printer or publisher does not commit an offence against 21
subsection (1) merely by, as part of his or her business, printing or 22
publishing an advertisement for another person. 23
4--Registrants' autonomy 24
Division
abetting etc. conduct that is a ground for disciplinary action 25
Aiding,
134.(1) A person must not aid, abet, counsel, procure or induce a 26
registrant to engage in conduct that the person is aware, or ought reasonably 27
be aware, is conduct forming the basis for a ground for disciplinary action 28
against a registrant mentioned in the Health Practitioners (Professional 29
s 135 84 s 135
Dental Technicians and Dental Prosthetists
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Standards) Act 1999, section 124(1).34 1
Maximum penalty--1 000 penalty units. 2
(2) To remove doubt, it is declared that a registrant may be induced by 3
threats or promises. 4
5--Court orders and injunctions 5
Division
may be prohibited from supplying health services etc. 6
Persons
135.(1) This section applies if a person is convicted of an offence against 7
section 125, 126, 127, 132(1)(a), (2) or (3), 134(1) or 138.35 8
(2) The court sentencing the person for the offence may, on its own 9
initiative or the application of the prosecutor, make an order under 10
subsection (3) or (5). 11
(3) The court may make an order, applying for a period decided by the 12
court-- 13
(a) prohibiting the person from providing, or carrying on or 14
managing a business providing, a health service; or 15
(b) prohibiting the person from having a financial interest in a 16
business providing a health service; or 17
(c) if the person is a corporation, prohibiting an executive officer of 18
the corporation, who was in a position to influence the conduct of 19
the corporation in relation to the offence, from managing a 20
corporation that carries on a business providing a health service. 21
(4) For subsection (3)(c), a person manages a corporation if the person is 22
a director, or is in any way concerned in or takes part in the management of, 23
the corporation. 24
34 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for
disciplinary action)
35 Section 125 (Taking of restricted titles etc.), 126 (Claims by persons as to
registration), 127 (Claims by persons as to other persons' registration),
132 (Obligations of advertisers), 134 (Aiding, abetting etc. conduct that is a
ground for disciplinary action) or 138 (Offence for taking reprisal)
s 136 85 s 136
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(5) Also, the court may make an order, applying for a period decided by 1
the court-- 2
(a) prohibiting the person from entering into commercial 3
arrangements with a person who provides, carries on or manages 4
a business providing, a health service; or 5
(b) if the person is a corporation, prohibiting an executive officer of 6
the corporation, who was in a position to influence the conduct of 7
the corporation in relation to the offence, from entering into 8
commercial arrangements with a person who provides, carries on 9
or manages a business providing, a health service. 10
(6) An order under subsection (3) or (5) may apply generally or be 11
limited in its application by reference to specified conditions, exceptions or 12
factors. 13
(7) A reference in subsection (5) to a person entering into commercial 14
arrangements includes the entering into commercial arrangements on behalf 15
of another person. 16
(8) A person must not contravene an order under subsection (3) or (5). 17
Maximum penalty for subsection (8)--1 000 penalty units. 18
njunctions 19
I
136.(1) This section applies if-- 20
(a) a person (the "offending party")-- 21
(i) has engaged, is engaging or is proposing to engage in 22
conduct; or 23
(ii) has failed, is failing or is proposing to fail to do anything; 24
and 25
(b) the conduct or failure constituted, constitutes or would constitute a 26
contravention of section 125, 126, 127, 132(1)(a), (2) or (3) 27
or 134(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
s 136 86 s 136
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writing by the board. 1
(4) The court may grant an interim injunction under this section until the 2
application is finally decided. 3
(5) On considering the application for the injunction, the court may-- 4
(a) in a case to which subsection (1)(a)(i) applies--grant an 5
injunction restraining the offending party from engaging in the 6
conduct concerned and, if in the court's opinion it is desirable to 7
do so, requiring the offending party to do anything; or 8
(b) in a case to which subsection (1)(a)(ii) applies--grant an 9
injunction requiring the offending party to do the thing concerned. 10
(6) The court may grant the injunction-- 11
(a) if the court is satisfied that the offending party has engaged in the 12
conduct, or failed to do the thing, mentioned in subsection (1), 13
whether or not it appears to the court that the offending party 14
intends-- 15
(i) to engage again, or continue to engage, in the conduct; or 16
(ii) to again fail, or continue to fail, to do the thing; or 17
(b) if it appears to the court that, if the injunction is not granted, it is 18
likely that the offending party will engage in the conduct, or fail to 19
do the thing, mentioned in subsection (1), whether or not the 20
offending party has previously engaged in the conduct or failed to 21
do the thing. 22
(7) The court may grant the injunction on the terms the court considers 23
appropriate. 24
(8) Also, the court may grant an injunction requiring the offending party 25
to take stated action (including action to disclose information or publish 26
advertisements) to remedy any adverse effects of the offending party's 27
conduct or failure. 28
(9) The court may discharge an injunction granted under this section at 29
any time. 30
(10) The powers conferred on the court by this section are in addition to, 31
and do not limit, any other powers of the court. 32
s 137 87 s 137
Dental Technicians and Dental Prosthetists
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(11) In this section-- 1
"court" means-- 2
(a) if proceedings for an offence relating to the conduct or failure are 3
pending in a Magistrates Court--the Magistrates Court; or 4
(b) in any case--the District Court. 5
Division 6--Reprisals 6
and grounds for reprisals 7
Reprisal
137.(1) A person must not cause, or attempt or conspire to cause, 8
detriment to another person because, or in the belief that-- 9
(a) anybody has given, or may give, information or assistance to the 10
board or an inspector about a person's alleged contravention of 11
division 1 or section 132(1)(a), (2) or (3) or 134(1);36 or 12
(b) anybody has given, or may give, evidence to the court in 13
proceedings for an offence against division 1 or section 132(1)(a), 14
(2) or (3) or 134(1). 15
(2) An attempt to cause detriment includes an attempt to induce a person 16
to cause detriment. 17
(3) A contravention of subsection (1) is a reprisal or the taking of a 18
reprisal. 19
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 20
the unlawful ground for the reprisal. 21
(5) For the contravention mentioned in subsection (3) to happen, it is 22
sufficient if the unlawful ground is a substantial ground for the act or 23
omission that is the reprisal, even if there is another ground for the act or 24
omission. 25
36 Division 1 (Restricted titles and holding out), section 132 (Obligations of
advertisers) or 134 (Aiding, abetting etc. conduct that is a ground for disciplinary
action)
s 138 88 s 140
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for taking reprisal 1
Offence
138. A person who takes a reprisal commits an offence. 2
Maximum penalty--167 penalty units or 2 years imprisonment. 3
entitlement for reprisal 4
Damages
139.(1) A reprisal is a tort and a person who takes a reprisal is liable in 5
damages to any person who suffers detriment as a result. 6
(2) Any appropriate remedy that may be granted by a court for a tort may 7
be granted by a court for the taking of a reprisal. 8
(3) If the claim for damages goes to trial in the Supreme Court or the 9
District Court, it must be decided by a judge sitting without a jury. 10
7--Other provisions 11
Division
or acceptance of payment, for referrals prohibited 12
Payment,
140.(1) This section applies to a registrant, or a person carrying on a 13
business providing professional services, (the "service provider"). 14
(2) The service provider must not, directly or indirectly, pay an amount 15
or give another benefit, or attempt to pay an amount or give another benefit, 16
to a person in return for the person referring another person to the service 17
provider or service provider's business. 18
Maximum penalty--200 penalty units. 19
(3) The service provider must not, directly or indirectly, accept payment 20
or another benefit for referring a user of the professional services provided 21
by the service provider, or service provider's business, to a person 22
providing, or carrying on a business providing, a health service. 23
Maximum penalty for subsection (3)--200 penalty units. 24
s 141 89 s 144
Dental Technicians and Dental Prosthetists
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PART 5--INVESTIGATION AND ENFORCEMENT 1
Division 1--Inspectors 2
of inspectors 3
Functions
141. An inspector has the function of conducting investigations and 4
inspections to enforce compliance with this Act. 5
of inspectors 6
Powers
142. For this Act, an inspector has the powers given to the person under 7
this Act. 8
on powers of inspectors 9
Limitation
143. The powers of an inspector may be limited under a condition of 10
appointment. 11
2--Appointment of inspectors and other matters 12
Division
ppointments 13
A
144. The board may appoint the following persons as an inspector-- 14
(a) a member; 15
(b) the executive officer; 16
(c) if the executive officer has agreed to the appointment, a member 17
of the office's staff the board considers has the necessary 18
expertise or experience to be an inspector; 19
(d) another person the board considers has the necessary expertise or 20
experience to be an inspector. 21
s 145 90 s 147
Dental Technicians and Dental Prosthetists
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conditions 1
Appointment
145.(1) An inspector holds office on the conditions stated in the 2
instrument of appointment. 3
(2) An inspector ceases holding office-- 4
(a) if the appointment provides for a term of appointment--at the end 5
of the term; or 6
(b) if the conditions of appointment provide--on ceasing to hold 7
another office (the "main office") stated in the appointment 8
conditions. 9
(3) An inspector may resign by signed notice of resignation given to the 10
board. 11
(4) However, an inspector may not resign from the office of inspector 12
(the "secondary office") if a condition of the inspector's employment to the 13
main office requires the inspector to hold the secondary office. 14
cards 15
Identity
146.(1) The board must give an identity card to each inspector. 16
(2) The identity card must-- 17
(a) contain a recent photograph of the inspector; and 18
(b) be signed by the inspector; and 19
(c) identify the person as an inspector for this Act; and 20
(d) include an expiry date for the card. 21
(3) This section does not prevent the issue of a single identity card to a 22
person for this Act and other Acts. 23
to return identity card 24
Failure
147. A person who ceases to be an inspector must return the person's 25
identity card to the chairperson within 7 days after the person ceases to be an 26
inspector, unless the person has a reasonable excuse. 27
Maximum penalty--10 penalty units. 28
s 148 91 s 149
Dental Technicians and Dental Prosthetists
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or display of inspector's identity card 1
Production
148.(1) An inspector may exercise a power in relation to someone else 2
(the "other person") only if the inspector-- 3
(a) first produces the inspector's identity card for the other person's 4
inspection; or 5
(b) has the identity card displayed so it is clearly visible to the other 6
person. 7
(2) However, if for any reason it is not practicable to comply with 8
subsection (1) before exercising the power, the inspector must produce the 9
identity card for the other person's inspection at the first reasonable 10
opportunity. 11
3--Powers of inspectors 12
Division
1--Entry of places 13
Subdivision
to enter places 14
Power
149.(1) An inspector may enter a place if-- 15
(a) its occupier consents to the entry; or 16
(b) it is a public place and the entry is made when the place is open to 17
the public; or 18
(c) the entry is authorised by a warrant. 19
(2) For the purpose of asking the occupier of a place for consent to enter, 20
an inspector may, without the occupier's consent or a warrant-- 21
(a) enter land around premises at the place to an extent that is 22
reasonable to contact the occupier; or 23
(b) enter part of the place the inspector reasonably considers 24
members of the public ordinarily are allowed to enter when they 25
wish to contact the occupier. 26
s 150 92 s 150
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2--Procedure for entry 1
Subdivision
with consent 2
Entry
150.(1) This section applies if an inspector intends to ask an occupier of a 3
place to consent to the inspector or another inspector entering the place 4
under section 149(1)(a). 5
(2) Before asking for the consent, the inspector must tell the occupier-- 6
(a) the purpose of the entry; and 7
(b) that the occupier is not required to consent. 8
(3) If the consent is given, the inspector may ask the occupier to sign an 9
acknowledgment of the consent. 10
(4) The acknowledgment must state-- 11
(a) the occupier has been told-- 12
(i) the purpose of the entry; and 13
(ii) that the occupier is not required to consent; and 14
(b) the purpose of the entry; and 15
(c) the occupier gives the inspector consent to enter the place and 16
exercise powers under this part; and 17
(d) the time and date the consent was given. 18
(5) If the occupier signs the acknowledgment, the inspector must 19
immediately give a copy to the occupier. 20
(6) A court must find the occupier of a place did not consent to an 21
inspector entering the place under this part if-- 22
(a) an issue arises in a proceeding before the court whether the 23
occupier of the place consented to the entry under 24
section 149(1)(a); and 25
(b) an acknowledgment mentioned in subsection (4) is not produced 26
in evidence for the entry; and 27
(c) it is not proved by the person relying on the lawfulness of the 28
entry that the occupier consented to the entry. 29
s 151 93 s 152
Dental Technicians and Dental Prosthetists
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for warrant 1
Application
151.(1) An inspector may apply to a magistrate for a warrant for a place. 2
(2) The application must be sworn and state the grounds on which the 3
warrant is sought. 4
(3) The magistrate may refuse to consider the application until the 5
inspector gives the magistrate all the information the magistrate requires 6
about the application in the way the magistrate requires. 7
8
Example--
9
The magistrate may require additional information supporting the application to be
10
given by statutory declaration.
of warrant 11
Issue
152.(1) The magistrate may issue a warrant only if the magistrate is 12
satisfied there are reasonable grounds for suspecting-- 13
(a) there is a particular thing or activity (the "evidence") that may 14
provide evidence of an offence against this Act; and 15
(b) the evidence is at the place, or may be at the place within the next 16
7 days. 17
(2) The warrant must state-- 18
(a) that a stated inspector may, with necessary and reasonable help 19
and force-- 20
(i) enter the place and any other place necessary for entry; and 21
(ii) exercise the inspector's powers under this part; and 22
(b) the offence for which the warrant is sought; and 23
(c) the evidence that may be seized under the warrant; and 24
(d) the hours of the day or night when the place may be entered; and 25
(e) the date, within 14 days after the warrant's issue, the warrant 26
ends. 27
s 153 94 s 153
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warrants 1
Special
153.(1) An inspector may apply for a warrant (a "special warrant") by 2
phone, fax, radio or another form of communication if the inspector 3
considers it necessary because of-- 4
(a) urgent circumstances; or 5
(b) other special circumstances, including, for example, the 6
inspector's remote location. 7
(2) Before applying for the special warrant, the inspector must prepare an 8
application stating the grounds on which the warrant is sought. 9
(3) The inspector may apply for the special warrant before the application 10
is sworn. 11
(4) After issuing the special warrant, the magistrate must immediately 12
fax a copy (the "facsimile warrant") to the inspector if it is reasonably 13
practicable to fax the copy. 14
(5) If it is not reasonably practicable to fax a copy to the inspector-- 15
(a) the magistrate must tell the inspector-- 16
(i) what the terms of the special warrant are; and 17
(ii) the date and time the special warrant was issued; and 18
(b) the inspector must complete a form of warrant (a "warrant 19
form") and write on it-- 20
(i) the magistrate's name; and 21
(ii) the date and time the magistrate issued the special warrant; 22
and 23
(iii) the terms of the special warrant. 24
(6) The facsimile warrant, or the warrant form properly completed by the 25
inspector, authorises the entry and the exercise of the other powers stated in 26
the special warrant issued. 27
(7) The inspector must, at the first reasonable opportunity, send to the 28
magistrate-- 29
(a) the sworn application; and 30
s 154 95 s 154
Dental Technicians and Dental Prosthetists
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(b) if the inspector completed a warrant form, the completed warrant 1
form. 2
(8) On receiving the documents, the magistrate must attach them to the 3
special warrant. 4
(9) A court must find the exercise of the power by an inspector was not 5
authorised by a special warrant if-- 6
(a) an issue arises in a proceeding before the court whether the 7
exercise of the power was authorised by a special warrant 8
mentioned in subsection (1); and 9
(b) the special warrant is not produced in evidence; and 10
(c) it is not proved by the person relying on the lawfulness of the 11
entry that the inspector obtained the special warrant. 12
before entry 13
Warrants--procedure
154.(1) This section applies if an inspector named in a warrant issued 14
under this part for a place is intending to enter the place under the warrant. 15
(2) Before entering the place, the inspector must do or make a reasonable 16
attempt to do the following things-- 17
(a) identify himself or herself to a person present at the place who is 18
an occupier of the place by producing a copy of the inspector's 19
identity card or other document evidencing the inspector's 20
appointment; 21
(b) give the person a copy of the warrant or, if the entry is authorised 22
by a facsimile warrant or warrant form mentioned in 23
section 153(6), a copy of the facsimile warrant or warrant form; 24
(c) tell the person the inspector is permitted by the warrant to enter 25
the place; 26
(d) give the person an opportunity to allow the inspector immediate 27
entry to the place without using force. 28
(3) However, the inspector need not comply with subsection (2) if the 29
inspector believes on reasonable grounds that immediate entry to the place is 30
required to ensure the effective execution of the warrant is not frustrated. 31
s 155 96 s 156
Dental Technicians and Dental Prosthetists
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Subdivision 3--Powers after entry 1
powers after entering places 2
General
155.(1) This section applies to an inspector who enters a place. 3
(2) However, if an inspector enters a place to get the occupier's consent 4
to enter premises, this section applies to the inspector only if the consent is 5
given or the entry is otherwise authorised. 6
(3) For enforcing compliance with this Act, the inspector may-- 7
(a) search any part of the place; or 8
(b) inspect, measure, test, photograph or film any part of the place or 9
anything at the place; or 10
(c) take a thing, or a sample of or from a thing, for analysis or 11
testing; or 12
(d) take an extract from, or copy, a document at the place; or 13
(e) take into or onto the place any person, equipment and materials 14
the inspector reasonably requires for exercising a power under 15
this part; or 16
(f) require the occupier of the place, or a person at the place, to give 17
the inspector reasonable help to exercise the inspector's powers 18
under paragraphs (a) to (e); or 19
(g) require the occupier of the place, or a person at the place, to give 20
the inspector information to help the inspector ascertain whether 21
this Act is being complied with. 22
(4) When making a requirement mentioned in subsection (3)(f) or (g), 23
the inspector must warn the person it is an offence to fail to comply with the 24
requirement, unless the person has a reasonable excuse. 25
to help inspector 26
Failure
156.(1) A person required to give reasonable help under section 155(3)(f) 27
must comply with the requirement, unless the person has a reasonable 28
excuse. 29
s 157 97 s 159
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Maximum penalty--50 penalty units. 1
(2) If an individual is required under section 155(3)(f) to give 2
information, or produce a document, it is a reasonable excuse for the 3
individual not to comply with the requirement that complying with the 4
requirement might tend to incriminate the individual. 5
to give information 6
Failure
157.(1) A person of whom a requirement is made under 7
section 155(3)(g) must comply with the requirement, unless the person has 8
a reasonable excuse. 9
Maximum penalty--50 penalty units. 10
(2) It is a reasonable excuse for an individual not to comply with the 11
requirement that complying with the requirement might tend to incriminate 12
the individual. 13
4--Power to seize evidence 14
Subdivision
evidence at a place that may be entered without consent or 15
Seizing
warrant 16
158. An inspector who enters a place that may be entered under this 17
division without the consent of the occupier and without a warrant, may 18
seize a thing at the place if the inspector reasonably believes the thing is 19
evidence of an offence against this Act. 20
evidence at a place that may only be entered with consent or 21
Seizing
warrant 22
159.(1) This section applies if-- 23
(a) an inspector is authorised to enter a place under this division only 24
with the consent of the occupier of the place or a warrant; and 25
(b) the inspector enters the place after obtaining the necessary consent 26
or warrant. 27
s 160 98 s 160
Dental Technicians and Dental Prosthetists
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(2) If the inspector enters the place with the occupier's consent, the 1
inspector may seize a thing at the place if-- 2
(a) the inspector reasonably believes the thing is evidence of an 3
offence against this Act; and 4
(b) seizure of the thing is consistent with the purpose of entry as told 5
to the occupier when asking for the occupier's consent. 6
(3) If the inspector enters the place with a warrant, the inspector may 7
seize the evidence for which the warrant was issued. 8
(4) The inspector also may seize anything else at the place if the inspector 9
reasonably believes-- 10
(a) the thing is evidence of an offence against this Act; and 11
(b) the seizure is necessary to prevent the thing being-- 12
(i) hidden, lost or destroyed; or 13
(ii) used to continue, or repeat, the offence. 14
(5) Also, the inspector may seize a thing at the place if the inspector 15
reasonably believes it has just been used in committing an offence against 16
this Act. 17
seized things 18
Securing
160. Having seized a thing, an inspector may-- 19
(a) move the thing from the place where it was seized (the "place of 20
seizure"); or 21
(b) leave the thing at the place of seizure but take reasonable action to 22
restrict access to it. 23
24
Examples of restricting access to a thing--
25
1. Sealing a thing and marking it to show access to it is restricted.
26
2. Sealing the entrance to a room where the seized thing is situated
27
and marking the entrance to show access to the room is restricted.
s 161 99 s 163
Dental Technicians and Dental Prosthetists
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with seized things 1
Tampering
161. If an inspector restricts access to a seized thing, a person must not 2
tamper, or attempt to tamper, with the thing, or something restricting access 3
to the thing, without an inspector's approval. 4
Maximum penalty--100 penalty units. 5
to support seizure 6
Powers
162.(1) To enable a thing to be seized, an inspector may require the 7
person in control of it-- 8
(a) to take it to a stated reasonable place by a stated reasonable time; 9
and 10
(b) if necessary, to remain in control of it at the stated place for a 11
reasonable time. 12
(2) The requirement-- 13
(a) must be made by notice in the approved form; or 14
(b) if for any reason it is not practicable to give the notice, may be 15
made orally and confirmed by notice in the approved form as 16
soon as practicable. 17
(3) A further requirement may be made under this section about the same 18
thing if it is necessary and reasonable to make the further requirement. 19
(4) A person of whom a requirement is made under subsection (1) or (3) 20
must comply with the requirement, unless the person has a reasonable 21
excuse. 22
Maximum penalty for subsection (4)--50 penalty units. 23
for seized things 24
Receipts
163.(1) As soon as practicable after an inspector seizes a thing, the 25
inspector must give a receipt for it to the person from whom it was seized. 26
(2) However, if for any reason it is not practicable to comply with 27
subsection (1), the inspector must leave the receipt at the place of seizure in 28
a conspicuous position and in a reasonably secure way. 29
s 164 100 s 164
Dental Technicians and Dental Prosthetists
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(3) The receipt must describe generally each thing seized and its 1
condition. 2
(4) This section does not apply to a thing if it is impracticable or would 3
be unreasonable to give the receipt, given the thing's nature, condition and 4
value. 5
of seized things 6
Forfeiture
164.(1) A seized thing is forfeited to the State if the inspector who seized 7
the thing-- 8
(a) can not find its owner, after making reasonable inquiries; or 9
(b) can not return it to its owner, after making reasonable efforts; or 10
(c) reasonably believes it is necessary to retain the thing to prevent it 11
being used to commit an offence against this Act. 12
(2) In applying subsection (1)-- 13
(a) subsection (1)(a) does not require the inspector to make inquiries 14
if it would be unreasonable to make inquiries to find the owner; 15
and 16
(b) subsection (1)(b) does not require the inspector to make efforts if 17
it would be unreasonable to make efforts to return the thing to its 18
owner. 19
(3) If the inspector makes a decision under subsection (1)(c), resulting in 20
the seized thing being forfeited to the State, the inspector must immediately 21
give the owner an information notice for the decision. 22
(4) Subsection (3) does not apply if-- 23
(a) the inspector can not find the owner, after making reasonable 24
inquiries; or 25
(b) it is impracticable or would be unreasonable to give the 26
information notice. 27
(5) Regard must be had to a thing's nature, condition and value-- 28
(a) in deciding-- 29
(i) whether it is reasonable to make inquiries or efforts; and 30
s 165 101 s 166
Dental Technicians and Dental Prosthetists
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(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
on conviction 6
Forfeiture
165.(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 and 17
Sentences Act 1992 or another law. 18
with forfeited things etc. 19
Dealing
166.(1) On the forfeiture of a thing to the State, the thing becomes the 20
State's property and may be dealt with by the executive officer as the 21
executive 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 181(3); or 27
(b) another appeal, relevant to the thing, of which the executive officer 28
is aware. 29
s 167 102 s 169
Dental Technicians and Dental Prosthetists
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of seized things 1
Return
167.(1) If a seized thing has not been forfeited, the inspector must return 2
it to 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
to seized things 12
Access
168.(1) Until a seized thing is forfeited or returned, an inspector must 13
allow 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
to require name and address 18
Power
169.(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
s 170 103 s 171
Dental Technicians and Dental Prosthetists
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the person has a reasonable excuse. 1
(4) The inspector may require the person to give evidence of the 2
correctness of the stated name or residential address if the inspector 3
reasonably suspects the stated name or address is false. 4
(5) A requirement under subsection (2) or (4) is called a "personal 5
details requirement". 6
to give name or address 7
Failure
170.(1) A person of whom a personal details requirement is made must 8
comply with the requirement, unless the person has a reasonable excuse. 9
Maximum penalty--50 penalty units. 10
(2) A person does not commit an offence against subsection (1) if-- 11
(a) the person was required to state the person's name and residential 12
address by an inspector who suspected the person had committed 13
an offence against this Act; and 14
(b) the person is not proved to have committed the offence. 15
to require production of documents 16
Power
171.(1) An inspector may require a person to make available for 17
inspection by an inspector, or produce to the inspector for inspection, at a 18
reasonable time and place nominated by the inspector a document issued to 19
the person under this Act. 20
(2) The inspector may keep the document to copy it. 21
(3) The inspector must return the document to the person as soon as 22
practicable after copying it. 23
(4) While the document is in the inspector's possession, the inspector 24
must allow it to be inspected or copied, at a reasonable time, by a person 25
who would be entitled to inspect or copy it were it not in the inspector's 26
possession. 27
(5) A requirement under subsection (1) is called a "document 28
production requirement". 29
s 172 104 s 174
Dental Technicians and Dental Prosthetists
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to produce document 1
Failure
172.(1) A person of whom a document production requirement is made 2
must comply with the requirement, unless the person has a reasonable 3
excuse. 4
Maximum penalty--50 penalty units. 5
(2) It is not a reasonable excuse for an individual not to comply with a 6
document production requirement if complying with the requirement might 7
tend to incriminate the individual. 8
to require information 9
Power
173.(1) This section applies if an inspector reasonably believes-- 10
(a) an offence against this Act has been committed; and 11
(b) a person may be able to give information about the offence. 12
(2) The inspector may, by notice given to the person, require the person 13
to give information, including a document, about the offence to the inspector 14
at a stated reasonable time and place. 15
(3) The person must comply with a requirement under subsection (2), 16
unless the person has a reasonable excuse. 17
Maximum penalty--50 penalty units. 18
(4) For this section, it is a reasonable excuse for an individual to fail to 19
give information that giving the information might tend to incriminate the 20
individual. 21
4--General enforcement matters 22
Division
of damage 23
Notice
174.(1) This section applies if-- 24
(a) an inspector damages property when exercising or purporting to 25
exercise a power; or 26
(b) a person (the "other person") acting under the direction of an 27
s 175 105 s 175
Dental Technicians and Dental Prosthetists
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inspector damages property. 1
(2) The inspector must immediately give notice of particulars of the 2
damage to the person who appears to the inspector to be the owner of the 3
property. 4
(3) If the inspector believes the damage was caused by a latent defect in 5
the property or circumstances beyond the inspector's or other person's 6
control, the inspector may state the belief in the notice. 7
(4) If, for any reason, it is impracticable to comply with subsection (2), 8
the inspector must leave the notice in a conspicuous position and in a 9
reasonably secure way where the damage happened. 10
(5) This section does not apply to damage the inspector reasonably 11
believes is trivial. 12
(6) In this section-- 13
"owner", of property, includes the person in possession or control of it. 14
15
Compensation
175.(1) A person may claim from the board the cost of repairing or 16
replacing property damaged because of the exercise or purported exercise of 17
a power under any of the following subdivisions of division 337-- 18
· subdivision 1 (Entry of places) 19
· subdivision 3 (Powers after entry) 20
· subdivision 4 (Power to seize evidence). 21
(2) Without limiting subsection (1), compensation may be claimed for 22
loss or expense incurred in complying with a requirement made of the 23
person under the subdivision. 24
(3) Compensation may be claimed and ordered to be paid in a 25
proceeding-- 26
(a) brought in a court with jurisdiction for the recovery of the amount 27
of compensation claimed; or 28
37 Division 3 (Powers of inspectors)
s 176 106 s 178
Dental Technicians and Dental Prosthetists
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(b) for an offence against this Act brought against the person 1
claiming compensation. 2
(4) A court may order compensation to be paid only if it is satisfied it is 3
just to make the order in the circumstances of the particular case. 4
or misleading information 5
False
176. A person must not give information to an inspector the person 6
knows is false or misleading in a material particular. 7
Maximum penalty--50 penalty units. 8
or misleading documents 9
False
177.(1) A person must not give an inspector a document containing 10
information the person knows is false or misleading in a material particular. 11
Maximum penalty--50 penalty units. 12
(2) Subsection (1) does not apply to a person if the person, when giving 13
the document-- 14
(a) tells the inspector, to the best of the person's ability, how it is 15
false or misleading; and 16
(b) if the person has, or can reasonably obtain, the correct 17
information, gives the correct information. 18
inspectors 19
Obstructing
178.(1) A person must not obstruct an inspector in the exercise of a 20
power, unless the person has a reasonable excuse. 21
Maximum penalty--100 penalty units. 22
(2) If a person has obstructed an inspector and the inspector decides to 23
proceed with the exercise of the power, the inspector must warn the person 24
that-- 25
(a) it is an offence to obstruct the inspector, unless the person has a 26
reasonable excuse; and 27
s 179 107 s 181
Dental Technicians and Dental Prosthetists
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(b) the inspector considers the person's conduct is an obstruction. 1
(3) In this section-- 2
"obstruct" includes hinder and attempt to obstruct or hinder. 3
of inspectors 4
Impersonation
179. A person must not pretend to be an inspector. 5
Maximum penalty--50 penalty units. 6
ART 6--APPEALS 7
P
may appeal 8
Who
180.(1) A person (the "appellant") who is given, or is entitled to be 9
given, an information notice for a decision (the "original decision") may 10
appeal against the decision to the District Court.38 11
(2) To help users of this Act, schedule 1 identifies the decisions for 12
which an information notice must be given under this Act. 13
appeals 14
Starting
181.(1) The appeal may be started at-- 15
(a) the District Court at the place where the person resides or carries 16
on business; or 17
(b) the District Court at Brisbane. 18
(2) Subsection (1) does not limit the District Court at which the appeal 19
may be started under the Uniform Civil Procedure Rules 1999. 20
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 21
38 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 182 108 s 183
Dental Technicians and Dental Prosthetists
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must be filed with the registrar of the court within 28 days after-- 1
(a) if the appellant is given an information notice for the original 2
decision--the day the appellant is given the notice; or 3
(b) if paragraph (a) does not apply--the day the person otherwise 4
becomes aware of the original decision. 5
(4) The court may, at any time, extend the period for filing the notice of 6
appeal. 7
procedures 8
Hearing
182.(1) In deciding the appeal, the court-- 9
(a) has the same powers as the person who made the original 10
decision; and 11
(b) is not bound by the rules of evidence; and 12
(c) must comply with natural justice. 13
(2) The appeal is by way of rehearing, unaffected by the original decision, 14
on the material before the person who made the original decision and any 15
further evidence allowed by the court. 16
of court on appeal 17
Powers
183.(1) In deciding the appeal, the court may-- 18
(a) confirm the original decision; or 19
(b) amend the original decision; or 20
(c) substitute another decision for the original decision; or 21
(d) set aside the original decision and return the issue to the board 22
with the directions the court considers appropriate. 23
(2) In substituting another decision for the original decision, the court has 24
the same powers as the person who made the original decision. 25
26
Example--
27
The court may decide that an unsuccessful applicant for general registration be
28
registered either unconditionally or on particular conditions.
s 184 109 s 184
Dental Technicians and Dental Prosthetists
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(3) If the court amends the original decision or substitutes another 1
decision for the original decision, the amended or substituted decision is, for 2
this Act (other than this part) taken to be the decision of the person who 3
made the original decision. 4
(4) If the court decides to impose conditions on a registration, the court 5
must-- 6
(a) state the reasons for the decision; and 7
(b) if the registration is a general registration, decide and state the 8
review period applying to the conditions.39 9
(5) If the court decides to impose conditions on a registration because of 10
the registrant's mental and physical health, it must also decide whether 11
details of the conditions must be recorded in the register for the period for 12
which the conditions are in force. 13
(6) The court must decide not to record details of the conditions 14
mentioned in subsection (5) in the register unless it reasonably believes it is 15
in the interests of users of the registrant's services or the public to know the 16
details. 17
of assessors 18
Appointment
184.(1) If the court is of the opinion that the appeal involves a question of 19
special knowledge and skill, the court may appoint 1 or more assessors who 20
in the court's opinion possess the special qualifications necessary for the 21
particular case to assist the court in its deciding the appeal. 22
(2) An assessor may advise the court on any matter, but all questions of 23
law and fact are to be decided by the court. 24
(3) The court may give the weight to the advice that it considers 25
appropriate. 26
39 The conditions may be reviewed under part 3 (Registration), division 7
(Reviewing conditions of general registrations).
s 185 110 s 188
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ART 7--LEGAL PROCEEDINGS 1
P
Division 1--Evidence 2
of division 3
Application
185. This division applies to a proceeding under this Act. 4
and authority 5
Appointments
186. It is not necessary to prove-- 6
(a) an inspector's, or member's, appointment; or 7
(b) the executive officer's appointment; or 8
(c) the authority of an inspector, a member, the executive officer or a 9
member of the office's staff to do anything under this Act. 10
11
Signatures
187. A signature purporting to be the signature of the Minister, the 12
chairperson, a member, an inspector, the executive officer or a member of 13
the office's staff is evidence of the signature it purports to be. 14
provisions 15
Evidentiary
188. A certificate purporting to be signed by the executive officer and 16
stating any of the following matters is evidence of the matter-- 17
(a) a stated document is one of the following things made, given, 18
issued or kept under this Act-- 19
(i) an appointment, approval or decision; 20
(ii) a notice, direction or requirement; 21
(iii) a certificate of registration; 22
(iv) a record, or an extract from a record; 23
(v) the register, or an extract from the register; 24
s 189 111 s 190
Dental Technicians and Dental Prosthetists
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(b) a stated document is another document kept under this Act; 1
(c) a stated document is a copy of a thing mentioned in paragraph (a) 2
or (b); 3
(d) on a stated day, or during a stated period, a stated person was or 4
was not a registrant; 5
(e) on a stated day, or during a stated period, a registration-- 6
(i) was or was not in force; or 7
(ii) was or was not subject to a stated condition; 8
(f) on a stated day, a registration was cancelled; 9
(g) on a stated day, or during a stated period, an appointment as an 10
inspector was, or was not, in force for a stated person; 11
(h) on a stated day, a stated person was given a stated notice or 12
direction under this Act; 13
(i) on a stated day, a stated requirement was made of a stated person. 14
2--Proceedings 15
Division
and summary offences 16
Indictable
189.(1) An offence against section 13840 is an indictable offence. 17
(2) Any other offence against this Act is a summary offence. 18
for indictable offences 19
Proceedings
190.(1) A proceeding for an indictable offence against this Act may be 20
taken, at the election of the prosecution-- 21
(a) by way of summary proceeding under the Justices Act 1886; or 22
(b) on indictment. 23
(2) A magistrate must not hear an indictable offence summarily if-- 24
40 Section 138 (Offence for taking reprisal)
s 191 112 s 191
Dental Technicians and Dental Prosthetists
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(a) the defendant asks at the start of the hearing that the charge be 1
prosecuted on indictment; or 2
(b) the magistrate considers the charge should be prosecuted on 3
indictment. 4
(3) If subsection (2) applies-- 5
(a) the magistrate must proceed by way of an examination of 6
witnesses for an indictable offence; and 7
(b) a plea of the person charged at the start of the proceeding must be 8
disregarded; and 9
(c) evidence brought in the proceeding before the magistrate decided 10
to act under subsection (2) is taken to be evidence in the 11
proceeding for the committal of the person for trial or sentence; 12
and 13
(d) before committing the person for trial or sentence, the magistrate 14
must make a statement to the person as required by the Justices 15
Act 1886, section 104(2)(b).41 16
on who may summarily hear indictable offence 17
Limitation
191.(1) The proceeding must be before a magistrate if it is a 18
proceeding-- 19
(a) for the summary conviction of a person on a charge for an 20
indictable offence; or 21
(b) for an examination of witnesses for a charge for an indictable 22
offence. 23
(2) However, if the proceeding is brought before a justice who is not a 24
magistrate, jurisdiction is limited to taking or making a procedural action or 25
order within the meaning of the Justices of the Peace and Commissioners 26
for Declarations Act 1991. 27
41 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 192 113 s 195
Dental Technicians and Dental Prosthetists
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on time for starting summary proceedings 1
Limitation
192. A proceeding for a summary offence against this Act by way of 2
summary proceeding under the Justices Act 1886 must start-- 3
(a) within 1 year after the commission of the offence; or 4
(b) within 6 months after the offence comes to the complainant's 5
knowledge, but within 2 years after the commission of the 6
offence. 7
of false or misleading information or documents 8
Allegations
193. In any proceeding for an offence against this Act defined as 9
involving false or misleading information, or a false or misleading 10
document, it is enough for a charge to state that the information or 11
document was, without specifying which, `false or misleading'. 12
to be paid to board 13
Penalties
194. All penalties recovered as a result of proceedings for offences 14
against this Act brought by the board must be ordered to be paid to the 15
board. 16
for acts or omissions of representatives 17
Responsibility
195.(1) This section applies in a proceeding for an offence against this 18
Act. 19
(2) If it is relevant to prove a person's state of mind about a particular act 20
or omission, it is enough to show-- 21
(a) the act was done or omitted to be done by a representative of the 22
person within the scope of the representative's actual or apparent 23
authority; and 24
(b) the representative had the state of mind. 25
(3) An act done or omitted to be done for a person by a representative of 26
the person within the scope of the representative's actual or apparent 27
authority is taken to have been done or omitted to be done also by the 28
person, unless the person proves the person could not, by the exercise of 29
s 196 114 s 196
Dental Technicians and Dental Prosthetists
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reasonable diligence, have prevented the act or omission. 1
(4) In this section-- 2
"representative" means-- 3
(a) for a corporation--an executive officer, employee or agent of the 4
corporation; or 5
(b) for an individual--an employee or agent of the individual. 6
"state of mind" of a person includes-- 7
(a) the person's knowledge, intention, opinion, belief or purpose; and 8
(b) the person's reasons for the intention, opinion, belief or purpose. 9
officers must ensure corporation complies with Act 10
Executive
196.(1) The executive officers of a corporation must ensure the 11
corporation complies with this Act. 12
(2) If a corporation commits an offence against a provision of this Act, 13
each of the corporation's executive officers also commits an offence, 14
namely, the offence of failing to ensure the corporation complies with the 15
provision. 16
Maximum penalty--the penalty for the contravention of the provision by an 17
individual. 18
(3) Evidence that the corporation has been convicted of an offence against 19
a provision of this Act is evidence that each of the executive officers 20
committed the offence of failing to ensure the corporation complies with the 21
provision. 22
(4) However, it is a defence for an executive officer to prove-- 23
(a) if the officer was in a position to influence the conduct of the 24
corporation in relation to the offence, the officer exercised 25
reasonable diligence to ensure the corporation complied with the 26
provision; or 27
(b) the officer was not in a position to influence the conduct of the 28
corporation in relation to the offence. 29
s 197 115 s 197
Dental Technicians and Dental Prosthetists
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PART 8--REGISTER, RECORDS AND 1
INFORMATION 2
Division 1--Register 3
to be kept 4
Register
197.(1) The board must keep a register about registrants. 5
(2) The register may be kept in the way the board considers appropriate, 6
including, for example, in an electronic form. 7
(3) The register must contain the following details for each registrant-- 8
(a) the registrant's name; 9
(b) an address of the registrant notified by the registrant to the board; 10
(c) the profession in which the registrant is registered; 11
(d) whether the registrant is a general registrant, provisional general 12
registrant, special purpose registrant or provisional special 13
purpose registrant; 14
(e) the qualification relied on by the registrant to obtain registration; 15
(f) if the registrant is a special purpose registrant or provisional 16
special purpose registrant, details of the special activity for which 17
the registrant is registered; 18
(g) if conditions are imposed, under this Act, on the registrant's 19
registration-- 20
(i) for conditions imposed because of the registrant's mental 21
and physical health, the details of which it has been decided 22
under this Act not to record in the register--the fact that 23
conditions have been imposed; or 24
(ii) otherwise--details of the conditions; 25
(h) any other information required to be recorded in the register under 26
the Health Practitioners (Professional Standards) Act 1999; 27
(i) other details prescribed under a regulation. 28
s 198 116 s 199
Dental Technicians and Dental Prosthetists
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(4) For subsection (3)(g), the fact or details must be recorded in the 1
register for the period the conditions are in force. 2
of register 3
Inspection
198.(1) The board must-- 4
(a) keep the register open for inspection, free of charge, at the office 5
by members of the public during ordinary office hours; and 6
(b) give a person a copy of the register, or a part of it, on payment of 7
the fee prescribed under a regulation. 8
(2) Subsection (1) does not apply to details of the residential address of a 9
registrant, unless the registrant gives notice to the board that he or she agrees 10
to the details being able to be inspected. 11
2--Records to be kept 12
Division
13
Records
199.(1) The board must keep records of the following details about each 14
registrant or former registrant-- 15
(a) if the registration was affected under the Health Practitioners 16
(Professional Standards) Act 1999, details of the way it was 17
affected and the reason for it being affected; 18
(b) if the registration was cancelled under this Act, the fact of, and the 19
reason for, the cancellation; 20
(c) if conditions were, under this Act, imposed on the registration, 21
details of the conditions and the reasons for their imposition; 22
(d) other details prescribed under a regulation. 23
(2) The records must be kept for at least 10 years. 24
s 200 117 s 200
Dental Technicians and Dental Prosthetists
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Division 3--Information 1
of information 2
Confidentiality
200.(1) This section applies to a person (the "relevant person") who is 3
or was-- 4
(a) a member; or 5
(b) a member of a committee; or 6
(c) appointed by the board to conduct a health assessment of another 7
person; or 8
(d) an inspector; or 9
(e) the executive officer or a member of the office's staff; or 10
(f) otherwise involved in the administration of this Act. 11
(2) This section applies to information about a person obtained by the 12
relevant person in the course of performing the relevant person's functions 13
under this Act. 14
(3) The relevant person must not disclose the information to anyone else. 15
Maximum penalty--100 penalty units. 16
(4) However, the relevant person may disclose the information to 17
someone else-- 18
(a) to the extent necessary to perform the relevant person's functions 19
under or relating to this Act or the Health Practitioners 20
(Professional Standards) Act 1999; or 21
(b) if the disclosure is authorised under this or another Act; or 22
(c) if the disclosure is otherwise required or permitted by law; or 23
(d) if the person to whom the information relates agrees to the 24
disclosure; or 25
(e) if the disclosure is in a form that does not disclose the identity of a 26
person; or 27
(f) if the information is, or has been, accessible to the public, 28
including, for example, because it is or was recorded in the 29
s 201 118 s 201
Dental Technicians and Dental Prosthetists
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register; or 1
(g) if the disclosure is to a foreign regulatory authority and the 2
disclosure is necessary for the authority to perform its functions; 3
or 4
(h) if the disclosure is to the Minister to allow the Minister to act 5
under paragraph (i); or 6
(i) if the Minister considers the disclosure is in the public interest and 7
authorises the relevant person to disclose the information. 8
(5) If the Minister authorises information to be disclosed under 9
subsection (4)(i) about a matter concerning a registrant, the Minister must 10
inform the board of the authorisation and its purpose. 11
(6) In this section-- 12
"information", about a person, means-- 13
(a) information about the person's health that identifies, or is likely to 14
identify, the person; or 15
(b) information about the person's criminal history obtained under a 16
request under section 45(3). 17
annual report must disclose authorisation 18
Board's
201.(1) This section applies if the board is given information, under 19
section 200(5), in a financial year about an authorisation. 20
(2) The board must include a statement about the authorisation in its 21
annual report under the Financial Administration and Audit Act 1977 for the 22
financial year. 23
(3) The statement must include general details about-- 24
(a) the nature of the information disclosed under the authorisation; 25
and 26
(b) the purpose for which the information was disclosed. 27
(4) However, the statement must not identify any person. 28
s 202 119 s 204
Dental Technicians and Dental Prosthetists
Registration
PART 9--MISCELLANEOUS 1
Division 1--Abandoned, and other, health records 2
for div 1 3
Definitions
202. In this division-- 4
"health records" means documents, recording the health history, condition 5
and treatment of users of the professional services provided by a 6
person, made in the course of the person's practice of the dental 7
prosthetics 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
may take possession of abandoned health records 11
Board
203.(1) This section applies if the board suspects on reasonable grounds 12
that 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
records forming part of deceased estate 24
Health
204.(1) This section applies if health records form part of a deceased 25
estate. 26
s 205 120 s 206
Dental Technicians and Dental Prosthetists
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(2) The personal representative of the deceased person concerned may 1
deliver the records into the possession of the board to be dealt with under 2
this division. 3
records of persons convicted of an offence against s 125(1) or 4
Health
(6) or 126 5
205.(1) This section applies to a person who is convicted of an offence 6
against section 125(1) or (6) or 126.42 7
(2) The board may give the person notice to deliver health records in the 8
possession or control of the person into the possession of the board to be 9
dealt with under this division. 10
(3) The person must within 14 days after receiving the notice deliver the 11
records into the possession of the board. 12
Maximum penalty--50 penalty units. 13
(4) If the person does not comply with the notice, the board may take and 14
keep possession of the records. 15
with certain health records seized under s 158 or 159 16
Dealing
206.(1) This section applies if, under section 158 or 159,43 an inspector 17
seizes health records that the board may take and keep possession of under 18
section 203 or 205. 19
(2) The inspector must deliver the health records into the possession of 20
the board to be dealt with under this division. 21
(3) Sections 164, 167 and 16844 do not apply to health records delivered 22
to the board under subsection (2). 23
42 Section 125 (Taking of restricted titles etc.) or 126 (Claims by persons as to
registration)
43 Section 158 (Seizing evidence at a place that may be entered without consent or
warrant) or 159 (Seizing evidence at a place that may only be entered with
consent or warrant)
44 Sections 164 (Forfeiture of seized things), 167 (Return of seized things) and
168 (Access to seized things)
s 207 121 s 209
Dental Technicians and Dental Prosthetists
Registration
board may deal with health records 1
How
207.(1) This section applies if the board takes possession of a health 2
record under this division. 3
(2) The board may-- 4
(a) give the record to the person to whom the record relates; or 5
(b) if directed by the person, give the record to a registrant under a 6
health practitioner registration Act chosen by the person; or 7
(c) if the board can not find the person after making reasonable 8
inquiries, keep the record; or 9
(d) if the board can not find the person, after making reasonable 10
inquiries, and decides it is no longer necessary to keep the record, 11
destroy the record. 12
(3) To remove doubt, it is declared that the board is taken to be keeping a 13
health record if another body stores the record on its behalf. 14
of health records 15
Destruction
208.(1) This section applies if the board destroys a health record under 16
section 207(2)(d). 17
(2) Compensation is not recoverable against the board because of the 18
destruction of the record. 19
2--Continuing professional education of registrants 20
Division
professional education programs 21
Continuing
209.(1) The board may develop or recognise a program for the 22
continuing professional education of registrants in a profession. 23
(2) The board must give notice to all registrants in the profession, to 24
whom the program is relevant, of details of the program. 25
(3) The program may state the minimum continuing professional 26
education requirements a registrant in the profession needs to satisfy, in a 27
s 210 122 s 210
Dental Technicians and Dental Prosthetists
Registration
stated period, to keep up-to-date with developments in the practice of the 1
profession. 2
(4) A registrant who has satisfied the requirements in the stated period 3
may advertise this fact. 4
(5) A registrant who has not satisfied the requirements in the stated 5
period must not advertise that the registrant has satisfied the requirements. 6
Maximum penalty for subsection (5)--50 penalty units. 7
3--Declared events 8
Division
for div 3 9
Definitions
210. In this division-- 10
"declaration period" see section 211(3). 11
"declared event" means an event declared to be a declared event under 12
section 211(1). 13
"interstate law" means a law of another State that provides for the same 14
matter as this Act. 15
"local practitioner" means a person registered under this Act. 16
"participant" means a person who is officially participating in, or 17
preparing for, a declared event. 18
"prepare" includes the following-- 19
(a) train; 20
(b) practise; 21
(c) rehearse; 22
(d) acclimatise. 23
"visiting practitioner" , in relation to a declared event, means a person 24
who-- 25
(a) is not a local practitioner; and 26
(b) is registered under an interstate law in a profession; and 27
s 211 123 s 212
Dental Technicians and Dental Prosthetists
Registration
(c) is appointed, employed, contracted or otherwise engaged to 1
provide professional services to a participant in relation to the 2
event. 3
of events 4
Declaration
211.(1) The Minister may, by notice, declare a sporting, cultural or other 5
event to be a declared event for this Act. 6
(2) The notice must be for an event taking place, or to take place, in the 7
State that will or is likely to attract a significant number of participants. 8
(3) The notice must state a period during which the declaration is to 9
remain in force (the "declaration period"). 10
(4) The declaration period for the declared event may include a period 11
before or after the declared event takes place. 12
(5) The notice is subordinate legislation. 13
general registration of visiting practitioners 14
Deemed
212.(1) This section applies to a visiting practitioner in relation to a 15
declared event. 16
(2) Subject to subsections (4) and (5), the practitioner is taken to be a 17
general registrant in the profession in which the practitioner is registered 18
under an interstate law, during the declaration period for the event, in 19
relation to the provision of professional services to a participant in the event. 20
(3) The practitioner's deemed general registration under subsection (2) is 21
taken to be subject to any conditions of the practitioner's registration under 22
an interstate law in the profession. 23
(4) Part 3, divisions 4 to 7 and 945 do not apply to the practitioner while 24
the practitioner is taken, under subsection (2), to be a general registrant. 25
45 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) and 9 (General provisions about
registrations)
s 213 124 s 214
Dental Technicians and Dental Prosthetists
Registration
(5) The practitioner is not taken to be a registrant for the operation of 1
sections 37(1)(b) and 197.46 2
4--Other provisions 3
Division
officials from liability 4
Protecting
213.(1) An official is not civilly liable for an act done, or omission made, 5
honestly and without negligence under this Act. 6
(2) If subsection (1) prevents a civil liability attaching to an official, the 7
liability attaches instead to the board. 8
(3) In this section-- 9
"official" means-- 10
(a) a member; or 11
(b) a committee member who is not a board member; or 12
(c) the executive officer; or 13
(d) a person appointed by the board to conduct a health assessment of 14
another person; or 15
(e) an inspector; or 16
(f) a person acting under the direction or authority of an inspector. 17
or misleading information or documents 18
False
214.(1) A person must not give information to the board the person 19
knows is false or misleading in a material particular. 20
Maximum penalty--50 penalty units. 21
(2) A person must not give the board a document containing information 22
the person knows is false or misleading in a material particular. 23
Maximum penalty--50 penalty units. 24
46 Sections 37 (Matters to be included in annual report) and 197 (Register to be
kept)
s 215 125 s 218
Dental Technicians and Dental Prosthetists
Registration
(3) Subsection (2) does not apply to a person if the person, when giving 1
the document-- 2
(a) tells the board, to the best of the person's ability, how it is false or 3
misleading; and 4
(b) if the person has, or can reasonably obtain, the correct 5
information, gives the correct information. 6
etc. not to be false or misleading 7
Certificates
215. A registrant must not, in the registrant's professional capacity, sign 8
or give to another person, a certificate, notice, report or other document the 9
registrant knows is false or misleading in a material particular. 10
Maximum penalty--50 penalty units. 11
of provisions 12
Application
216.(1) This section applies if a provision of this Act applies another 13
provision of this Act for a purpose. 14
(2) The other provision, and any definition relevant to the other provision, 15
apply with any necessary changes. 16
(3) Subsection (2) is not limited merely because a provision states how 17
the other provision is to apply. 18
of forms 19
Approval
217. The board may approve forms for use under this Act. 20
fees 21
Examination
218. A person who sits an examination set and administered by the board 22
under this Act must, before sitting the examination, pay the board the fee for 23
the examination prescribed under a regulation. 24
s 219 126 s 221
Dental Technicians and Dental Prosthetists
Registration
power 1
Regulation-making
219.(1) The Governor in Council may make regulations under this Act. 2
(2) A regulation may be made about the following-- 3
(a) fees, including the refunding of fees, for this Act; 4
(b) imposing a penalty of not more than 20 penalty units for a 5
contravention of a provision of a regulation. 6
(3) Without limiting subsection (2)(a), a regulation may prescribe 7
amounts as fees having regard to the costs of the board performing its 8
functions under, or complying with-- 9
(a) an Act in the legislative scheme; or 10
(b) another Act. 11
ART 10--REPEAL, TRANSITIONAL AND SAVINGS 12
P
PROVISIONS 13
1--Repeal 14
Division
of Dental Technicians and Dental Prosthetists Act 1991 15
Repeal
220. The Dental Technicians and Dental Prosthetists Act 1991 (1991 16
Act No. 57) is repealed. 17
Division 2--Transitional provisions 18
for div 2 19
Definitions
221. In this division-- 20
"column 1 registration" see section 232(1). 21
"column 2 registration" see section 232(2). 22
s 222 127 s 224
Dental Technicians and Dental Prosthetists
Registration
"commencement" means commencement of this section. 1
"former board" means the Dental Technicians and Dental Prosthetists 2
Board of Queensland under the repealed Act. 3
"item", followed by a number, in relation to a column 1 or 2 registration, 4
means the column 1 or 2 registration identified in the table in 5
section 232(1) by the item number. 6
to repealed Act or former board 7
References
222.(1) In an Act or document, a reference to the repealed Act may, if the 8
context permits, be taken as a reference to this Act. 9
(2) A reference in an Act or document to the former board may, if the 10
context permits, be taken as a reference to the board. 11
is the legal successor 12
Board
223.(1) The board is the successor in law of the former board. 13
(2) Sections 224 to 228 do not limit subsection (1). 14
and liabilities etc. 15
Assets
224. On the commencement-- 16
(a) the assets and liabilities of the former board become assets and 17
liabilities of the board; and 18
(b) any contracts entered into by or on behalf of the former board and 19
all guarantees, undertakings and securities given by or on behalf 20
of the former board, in force immediately before the 21
commencement, are taken to have been entered into or given by 22
or to the board and may be enforced against or by the board; and 23
(c) any property that, immediately before the commencement, was 24
held on trust, or subject to a condition, by the former board 25
continues to be held by the board on the same trusts, or subject to 26
the same condition. 27
s 225 128 s 228
Dental Technicians and Dental Prosthetists
Registration
agreements 1
Service
225. A service agreement entered into by the former board, in force 2
immediately before the commencement, is taken to have been entered into 3
by the board. 4
5
Proceedings
226. A proceeding that could have been started or continued by or against 6
the former board before the commencement may be started or continued by 7
or against the board. 8
with matter under Health Practitioners (Professional 9
Dealing
Standards) Act 1999 10
227. A matter that had started to be, or could have been, dealt with under 11
the Health Practitioners (Professional Standards) Act 1999 by the former 12
board before the commencement may be continued, or started, to be dealt 13
with by the board. 14
15
Offences
228.(1) Proceedings for an offence against the repealed Act may be 16
continued, or started by the board, and the provisions of the repealed Act 17
and the Medical Act and Other Acts (Administration) Act 1966 necessary or 18
convenient to be used in relation to the proceedings continue to apply, as if 19
this Act had not commenced. 20
(2) For subsection (1), the Acts Interpretation Act 1954, section 2047 21
applies, but does not limit the subsection. 22
(3) This section has effect despite the repeal of the Medical Act and Other 23
Acts (Administration) Act 1966. 24
47 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act
etc.)
s 229 129 s 230
Dental Technicians and Dental Prosthetists
Registration
of board 1
Membership
229.(1) From the commencement, the board consists of the existing 2
members. 3
(2) An existing member holds office as a member until the earlier of the 4
following days-- 5
(a) the day the Governor in Council first appoints the members under 6
section 15(1);48 7
(b) the day that is 6 months after the commencement; 8
(c) if the existing member vacates office before the earlier of the days 9
mentioned in paragraphs (a) and (b), the day the existing member 10
vacates office. 11
(3) For subsections (1) and (2), sections 11(1) and (2) and 12(1)(a) to (c) 12
and (2) of the repealed Act continue to have effect.49 13
(4) This section has effect despite-- 14
(a) the expiry of the term of office for which the existing member 15
was appointed under the repealed Act; and 16
(b) part 2, division 2;50 and 17
(c) the repeal of the repealed Act. 18
(5) In this section-- 19
"existing member" means a person who, immediately before the 20
commencement, held office as a member of the former board. 21
and deputy chairperson of board 22
Chairperson
230.(1) This section applies despite the expiry of the existing 23
chairperson's, or existing deputy chairperson's, term of office. 24
48 Section 15 (Membership of board)
49 The provisions of the repealed Act mentioned in the subsection deal with the
vacancy in the office of a member, attendance at a meeting, and resignation as a
member, of the board.
50 Part 2 (Dental Technicians and Dental Prosthetists Board of Queensland),
division 2 (Membership)
s 231 130 s 231
Dental Technicians and Dental Prosthetists
Registration
(2) From the commencement-- 1
(a) the existing chairperson is taken to be the chairperson of the board 2
as constituted under section 229; and 3
(b) the existing deputy chairperson is taken to be the deputy 4
chairperson of the board as constituted under section 229. 5
(3) The existing chairperson ceases to hold office as the chairperson of 6
the board if the existing chairperson-- 7
(a) ceases to be a member; or 8
(b) resigns the office of chairperson of the board by signed notice of 9
resignation given to the Minister. 10
(4) The existing deputy chairperson ceases to hold office as the deputy 11
chairperson of the board if the existing deputy chairperson-- 12
(a) ceases to be a member; or 13
(b) resigns the office of deputy chairperson of the board by signed 14
notice of resignation given to the Minister. 15
(5) This section has effect despite section 19(1), (3) and (4).51 16
(6) In this section-- 17
"existing chairperson" means the person who, immediately before the 18
commencement, held office as the chairperson of the former board. 19
"existing deputy chairperson" means the person who, immediately 20
before the commencement, held office as the deputy chairperson of the 21
former board. 22
23
Appeals
231.(1) Subsection (2) applies if-- 24
(a) a person has appealed to the District Court under repealed 25
section 53 before the commencement against a decision of the 26
former board; and 27
(b) the appeal has not been decided before the commencement. 28
51 Section 19 (Chairperson and deputy chairperson of board)
s 232 131 s 232
Dental Technicians and Dental Prosthetists
Registration
(2) The District Court may hear, or continue to hear, and decide the 1
appeal under the repealed Act as if this Act had not commenced. 2
(3) Subsection (4) applies if-- 3
(a) immediately before the commencement a person could have 4
appealed to the District Court under the repealed section 53 5
against a decision of the former board; and 6
(b) the person has not appealed before the commencement. 7
(4) The person may appeal, and the District Court may hear and decide 8
the appeal, under the repealed Act as if this Act had not commenced. 9
(5) For giving effect to its decision under subsection (2) or (4), the 10
District Court may make the orders it considers necessary having regard to 11
the provisions of this Act. 12
13
Example for subsection (5)--
14
On an appeal by a person against a decision of the former board to refuse to
15
register the person as a dental technician or dental prosthetist under the repealed
16
Act, the District Court may order that the board register the person under this Act.
(6) In this section-- 17
"repealed section 53" means section 53 of the repealed Act. 18
registrations 19
Existing
232.(1) This section applies to a person who immediately before the 20
commencement was registered, under the repealed Act, for a category of 21
registration mentioned in column 1 of the following table (the "column 1 22
registration")-- 23
Table 24
column 1 column 2
1. registration as a dental technician general registration as a
under section 25(1) of the dental technician
repealed Act
2. registration as a dental prosthetist general registration as a
under section 25(2) of the dental prosthetist
repealed Act
s 233 132 s 233
Dental Technicians and Dental Prosthetists
Registration
3. provisional registration as a provisional general
dental technician under registration as a dental
section 29 of the repealed Act technician
4. provisional registration as a provisional general
dental prosthetist under registration as a dental
section 29 of the repealed Act prosthetist.
(2) The person is taken to be registered for the category of registration 1
mentioned in column 2 of the table (the "column 2 registration") shown 2
opposite the column 1 registration. 3
(3) If the column 1 registration was, immediately before the 4
commencement, subject to conditions, the column 2 registration is taken to 5
be subject to the conditions. 6
(4) Despite section 56,52 the column 2 registration continues until the later 7
of the following days-- 8
(a) 30 April first happening after the commencement; 9
(b) the day that is 3 months after the commencement. 10
(5) However, subsection (4) stops applying if the column 2 registration is 11
surrendered or cancelled. 12
applications for certain column 1 registrations 13
Existing
233.(1) An application for an item 1 or 2 column 1 registration made 14
under the repealed Act, and not decided before the commencement, must be 15
decided under this Act. 16
(2) The application is taken to be for the column 2 registration shown 17
opposite the column 1 registration. 18
(3) Part 3, division 253 applies to the application. 19
(4) However, the provisions of part 3, division 2 dealing with making the 20
application in the approved form and paying the application fee and 21
registration fee, that would otherwise apply do not apply to the application. 22
52 Section 56 (Period)
53 Part 3 (Registration), division 2 (Applications for general registration)
s 234 133 s 236
Dental Technicians and Dental Prosthetists
Registration
applications for restoration of certain column 1 registrations 1
Existing
234.(1) An application for the restoration of an item 1 or 2 column 1 2
registration made under section 31(4) of the repealed Act, and not decided 3
before the commencement, must be decided under this Act. 4
(2) The application is taken to be for the restoration of the column 2 5
registration shown opposite the column 1 registration. 6
(3) Part 3, division 554 applies to the application. 7
(4) However, the following provisions do not apply to the application-- 8
(a) the provisions, applied by section 76,55 to the extent to which they 9
relate to recency of practice requirements; 10
(b) sections 77, 78 and 82.56 11
registrations 12
Suspended
235.(1) This section applies if an item 1 or 2 column 1 registration has 13
been suspended and the period of suspension has not ended before the 14
commencement. 15
(2) The suspension is taken to continue as a suspension of the column 2 16
registration shown opposite the column 1 registration. 17
of business names under repealed Act 18
Approval
236.(1) This section applies if-- 19
(a) immediately before the commencement-- 20
(i) there was in effect an approval of a name under the Dental 21
Technicians and Dental Prosthetists Act 1991, section 35 22
(the "approval provision"); or 23
54 Part 3 (Registration), division 5 (Restoration of general registrations)
55 Section 76 (Application of div 4, sdivs 1 and 3)
56 Sections 77 (When an application for restoration of a general registration may be
made), 78 (Procedural requirements for applications) and 82 (When recency of
practice conditions take effect)
s 237 134 s 239
Dental Technicians and Dental Prosthetists
Registration
(ii) an application for approval of a name under the approval 1
provision had not been finally dealt with; and 2
(b) the holder of the approval or applicant is taken to be registered 3
under section 232. 4
(2) The holder or applicant is taken to have given the board notice of the 5
name as a business name under section 130(1).57 6
130 and 133 ineffective for 6 months 7
Sections
237.(1) Sections 130 and 13358 have no effect for 6 months after they 8
commence. 9
(2) However, a person may give the board a notice mentioned in 10
section 130 within the 6 month period. 11
12
Records
238.(1) This section applies if-- 13
(a) a registration was affected under the repealed Act; and 14
(b) immediately before the commencement, the former board held a 15
record of the details of the way the registration was affected and 16
the reason for it being affected. 17
(2) The record must be kept by the board for at least 10 years after the 18
commencement. 19
Act has not been repealed 20
Certain
239.(1) This section applies if an Act mentioned in column 2 of the 21
following table (the "column 2 Act") has not been repealed-- 22
57 Section 130 (Notification of business names etc.)
58 Sections 130 (Notification of business names etc.) and 133 (Information to
appear in advertisements)
s 239 135 s 239
Dental Technicians and Dental Prosthetists
Registration
Table 1
column 1 column 2
Chiropractors Registration Act Chiropractors and Osteopaths Act 2
2000 1979
Dental Practitioners Registration Dental Act 1971 3
Act 2000
Medical Practitioners Registration Medical Act 1939 4
Act 2000
Occupational Therapists Occupational Therapists Act 1979 5
Registration Act 2000
Optometrists Registration Act 2000 Optometrists Act 1974
Osteopaths Registration Act 2000 Chiropractors and Osteopaths Act
1979
Pharmacists Registration Act 2000 Pharmacy Act 1976
Physiotherapists Registration Act Physiotherapists Act 1964 6
2000
Podiatrists Registration Act 2000 Podiatrists Act 1969
Psychologists Registration Act Psychologists Act 1977 7
2000
Speech Pathologists Registration Speech Pathologists Act 1979. 8
Act 2000
(2) A reference in schedule 4, definition "health practitioner registration 9
Act" to the Act mentioned in column 1 of the table shown opposite the 10
column 2 Act is taken to be a reference to the column 2 Act. 11
3--Savings provisions 12
Division
59 13
59 Section 248 and schedule 3 amend the Dental Technicians and Dental
Prosthetists Act 1991 and relocate certain provisions of that Act to this division.
s 245 136 s 248
Dental Technicians and Dental Prosthetists
Registration
of section of regulation under repealed Act 1
Continuation
245.(1) The Dental Technicians and Dental Prosthetists 2
Regulation 1998, section 2, as in force immediately before the 3
commencement of this section, and as amended by section 249 (the "saved 4
provision"), continues to have effect and is taken to be a regulation under 5
this Act for all purposes, including amendment and repeal by regulation. 6
(2) A regulation under this Act may relocate the saved provision to a 7
regulation under this Act and for that purpose renumber the saved 8
provision. 9
to Dental Practitioners Registration Act 2000 10
References
246.(1) Subsection (2) applies if the Dental Act 1971 has not been 11
repealed. 12
(2) A reference in this division to the Dental Practitioners Registration 13
Act 2000 is taken to be a reference to the Dental Act 1971. 14
PART 11--CONSEQUENTIAL AND OTHER 15
AMENDMENTS 16
of Acts 17
Amendment
247. Schedule 2 amends the Acts mentioned in it. 18
of Dental Technicians and Dental Prosthetists Act 1991 19
Amendment
248. Schedule 3 amends the Dental Technicians and Dental Prosthetists 20
Act 1991 and relocates certain provisions of that Act to part 10, division 3. 21
s 249 137 s 249
Dental Technicians and Dental Prosthetists
Registration
of Dental Technicians and Dental Prosthetists 1
Amendment
Regulation 1998 2
249.(1) This section amends the Dental Technicians and Dental 3
Prosthetists Regulation 1998. 4
(2) Section 2, heading, `Act, s 3(1)'-- 5
omit, insert-- 6
`Act, s 240(1)'. 7
8
138
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 1 1
¡
ECISIONS FOR WHICH INFORMATION NOTICES 2
D
MUST BE GIVEN 3
section 180(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 103 Deciding to refuse to register an
applicant for special purpose
registration as a special purpose
registrant
57 Deciding to register a person as a
general registrant on conditions and
deciding the review period applying
to the conditions
73 Deciding to refuse to renew a
general registration
73, as applied by section 76 Deciding to refuse to restore a
general registration
73 as applied by section 110 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
139
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 1 (continued)
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
87 Deciding to cancel a general
registration
87, as applied by section 114 Deciding to cancel a special purpose
registration
95 Deciding to confirm or change
conditions of a general registration
and deciding the review period
applying to the conditions
108 Deciding to register a person as a
special purpose registrant on
conditions
112 Deciding to renew a special purpose
registration on conditions
120 Deciding to refuse to grant an
application for the replacement of a
certificate of registration
164(1)(c) Decision resulting in a thing being
forfeited to the State
1
140
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 2 1
¡
CONSEQUENTIAL AMENDMENTS OF ACTS 2
section 247 3
HEALTH ACT 1937 4
´
1. Section 5(1), definition "health practitioner registration Act", 5
`Dental Technicians and Dental Prosthetists Act 1991'-- 6
omit, insert-- 7
`Dental Technicians and Dental Prosthetists Registration Act 2000'. 8
HEALTH PRACTITIONER REGISTRATION BOARDS 9
´
(ADMINISTRATION) ACT 1999 10
1. Schedule, definition "health practitioner registration Act", `Dental 11
Technicians and Dental Prosthetists Act 1991'-- 12
omit, insert-- 13
`Dental Technicians and Dental Prosthetists Registration Act 2000'. 14
141
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 2 (continued)
HEALTH PRACTITIONERS (PROFESSIONAL 1
´
STANDARDS) ACT 1999 2
1. Schedule, definition "health practitioner registration Act", `Dental 3
Technicians and Dental Prosthetists Act 1991'-- 4
omit, insert-- 5
`Dental Technicians and Dental Prosthetists Registration Act 2000'. 6
2. Schedule, definition "profession", paragraphs (c) and (d)-- 7
omit, insert-- 8
`(c) for a registrant who is a dental prosthetist under the Dental 9
Technicians and Dental Prosthetists Registration Act 2000--the 10
dental prosthetics profession; 11
(d) for a registrant who is a dental technician under the Dental 12
Technicians and Dental Prosthetists Registration Act 2000--the 13
dental technology profession;'. 14
EALTH PRACTITIONERS (SPECIAL EVENTS 15
´H
EXEMPTION) ACT 1998 16
1. Schedule, definition "health registration Act", `Dental Technicians 17
and Dental Prosthetists Act 1991'-- 18
omit, insert-- 19
`Dental Technicians and Dental Prosthetists Registration Act 2000'. 20
142
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 2 (continued)
HEALTH RIGHTS COMMISSION ACT 1991 1
´
1. Schedule 2, item 3-- 2
omit, insert-- 3
`3. Dental Technicians and Dental Prosthetists Board of Queensland'. 4
EALTH SERVICES ACT 1991 5
´H
1. Section 63(6), `Dental Technicians and Dental Prosthetists Act 6
1991'-- 7
omit, insert-- 8
`Dental Technicians and Dental Prosthetists Registration Act 2000'. 9
EDICAL ACT AND OTHER ACTS 10
´M
(ADMINISTRATION) ACT 1966 11
1. Title, `the Dental Technicians and Dental Prosthetists Act 1991,'-- 12
omit. 13
2. Section 4(1)(e)-- 14
omit. 15
143
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 2 (continued)
RADIATION SAFETY ACT 1999 1
´
1. Schedule 2, definition "health practitioner registration Act", `Dental 2
Technicians and Dental Prosthetists Act 1991'-- 3
omit, insert-- 4
`Dental Technicians and Dental Prosthetists Registration Act 2000'. 5
144
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 3 1
¡
MENDMENT OF DENTAL TECHNICIANS AND 2
A
DENTAL PROSTHETISTS ACT 1991 3
section 248 4
1. Section 3(1), `In this Act'-- 5
omit, insert-- 6
`In this division'. 7
2. Section 3(1), definitions "Board", "chairperson", "commencing 8
day", "dentist", "deputy chairperson", "fee", "register", "registered", 9
"registrar", "utter"-- 10
omit. 11
3. Section 3(1)-- 12
insert-- 13
` "dentist" means a person registered under the Dental Practitioners 14
Registration Act 2000.'. 15
4. Sections 3(2) and (4) and 4, `Act'-- 16
omit, insert-- 17
`division'. 18
5. Section 4, heading, `Act'-- 19
omit, insert-- 20
`div 3'. 21
145
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 3 (continued)
6. Sections 31A, 33(5) and (6) and 34, `registered'-- 1
omit. 2
7. Section 31A, `of dental prosthetists'-- 3
omit. 4
8. Section 33, heading, `registered persons'-- 5
omit, insert-- 6
`registrants'. 7
9. Section 33(1), from `not--' to `technician.'-- 8
omit, insert-- 9
`not perform dental technical work for fee or reward unless the person is 10
a dental technician.'. 11
10. Section 33(1), penalty-- 12
omit, insert-- 13
`Maximum penalty--17 penalty units.'. 14
11. Section 33(2), from `not--' to `prosthetist.'-- 15
omit, insert-- 16
`not provide dental prosthetic services for fee or reward unless the person 17
is a dental prosthetist.'. 18
12. Section 33(2), penalty-- 19
omit, insert-- 20
`Maximum penalty--35 penalty units.'. 21
146
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 3 (continued)
13. Section 33(3)-- 1
omit. 2
14. Section 33(4), `registered as'-- 3
omit. 4
15. Section 34(2)(b)(i), from `whose' to `completion of'-- 5
omit, insert-- 6
`who has successfully completed'. 7
16. Section 34(2)(b)(ii), `of dental prosthetists under section 31A'-- 8
omit, insert-- 9
`under section 242'. 10
17. Sections 3, 4, 31A, 33 and 34-- 11
relocate to Dental Technicians and Dental Prosthetists Registration Act 12
2000 and in that Act insert and renumber, in part 10, division 3, as 13
sections 240 to 244. 14
15
147
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 4 1
¡
DICTIONARY 2
section 8 3
"accepted representations" see section 85(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 180(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 Technicians and Dental Prosthetists Board of 14
Queensland. 15
"business name", of a business, means a name or style under which the 16
business is carried on. 17
"certificate of general registration" means a certificate of general 18
registration issued under part 3. 19
"certificate of provisional general registration" means a certificate of 20
provisional general registration issued under section 60(5). 21
"certificate of provisional special purpose registration" means a 22
certificate of provisional special purpose registration issued under 23
part 3, division 8. 24
"certificate of registration" means a certificate of general registration, 25
certificate of provisional general registration, certificate of special 26
148
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 4 (continued)
purpose registration or certificate of provisional special purpose 1
registration. 2
"certificate of special purpose registration" means a certificate of special 3
purpose registration issued under part 3, division 8. 4
"certified copy", of a certificate of registration, means a copy that is 5
certified by the board as being a true copy of the certificate. 6
"chairperson" means the chairperson of the board appointed under 7
section 19(1). 8
"column 1 registration", for part 10, division 2, see section 221. 9
"column 2 registration", for part 10, division 2, see section 221. 10
"commencement", for part 10, division 2, see section 221. 11
"committee" means a committee of the board established under 12
section 33(1). 13
"convicted", of an offence, means being found guilty of the offence, on a 14
plea of guilty or otherwise, whether or not a conviction is recorded. 15
"corresponding law" means a law applying, or that applied, in another 16
State, the Commonwealth or a foreign country that provides, or 17
provided, for the same matter as-- 18
(a) a health practitioner registration Act or the Health Practitioners 19
(Professional Standards) Act 1999; or 20
(b) a provision of a health practitioner registration Act or the Health 21
Practitioners (Professional Standards) Act 1999. 22
"declaration period", for part 9, division 3, see section 210. 23
"declared event", for part 9, division 3, see section 210. 24
"dental prosthetist" means a person registered under this Act in the dental 25
prosthetics profession. 26
"dental technician" means a person registered under this Act in the dental 27
technology profession. 28
149
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 4 (continued)
"deputy chairperson" means the deputy chairperson of the board 1
appointed under section 19(1). 2
"document production requirement" see section 171(5). 3
"educational institution" means a university, training institution or 4
professional college engaged in the education of persons in the practice 5
of a profession. 6
"executive officer" means the executive officer appointed under the Health 7
Practitioner Registration Boards (Administration) Act 1999. 8
"executive officer", of a corporation, means a person who is concerned 9
with, or takes part in, the corporation's management, whether or not 10
the person is a director or the person's position is given the name of 11
executive officer. 12
"facsimile warrant" see section 153(4). 13
"foreign regulatory authority" means-- 14
(a) an interstate regulatory authority; or 15
(b) an entity established under a law applying in a foreign country, 16
other than New Zealand, having functions similar to the board's 17
functions under this Act or the Health Practitioners (Professional 18
Standards) Act 1999. 19
"former board", for part 10, division 2, see section 221. 20
"former registrant" means a person who was, but is not currently, 21
registered under part 3. 22
"general registrant" means a person registered, under part 3, as a general 23
registrant, but does not include a provisional general registrant. 24
"general registration" means registration of a person as a general 25
registrant under part 3. 26
"general registration period"see section 56(1). 27
"health assessment", in relation to a person, includes-- 28
(a) a physical, medical, psychiatric or psychological examination or 29
test of the person; and 30
150
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 4 (continued)
(b) asking questions to assess the person's mental and physical 1
health. 2
"Health Insurance Commission" means the Health Insurance 3
Commission established under the Health Insurance Commission Act 4
1973 (Cwlth), section 4. 5
"health practitioner registration Act" means any of the following Acts-- 6
· this Act 7
· Chiropractors Registration Act 2000 8
· Dental Practitioners Registration Act 2000 9
· Medical Practitioners Registration Act 2000 10
· Medical Radiation Technologists Registration Act 2000 11
· Occupational Therapists Registration Act 2000 12
· Optometrists Registration Act 2000 13
· Osteopaths Registration Act 2000 14
· Pharmacists Registration Act 2000 15
· Physiotherapists Registration Act 2000 16
· Podiatrists Registration Act 2000 17
· Psychologists Registration Act 2000 18
· Speech Pathologists Registration Act 2000. 19
"health records", for part 9, division 1, see section 202. 20
"health service" means a service for maintaining, improving or restoring 21
people's health and wellbeing. 22
"impose", a condition, includes change or confirm the condition. 23
"information notice", for a decision of the board or an inspector, is a 24
notice stating the following-- 25
(a) the decision; 26
(b) the reasons for the decision; 27
151
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 4 (continued)
(c) that the person to whom the notice is given may appeal against the 1
decision within 28 days; 2
(d) how the person may appeal against the decision to the District 3
Court; 4
(e) if the decision is that a person be registered on conditions-- 5
(i) for a general registration--the review period applying to the 6
conditions; and 7
(ii) for conditions imposed because of the person's mental and 8
physical health, the details of which it has been decided 9
under section 57(4) to record in the register--the details that 10
must be recorded in the register for the period for which the 11
conditions are in force; 12
(f) if the decision is that a general registration be renewed or restored 13
on recency of practice conditions, the review period applying to 14
the conditions; 15
(g) if the decision is that a registration be cancelled--a direction to the 16
person-- 17
(i) to return the certificate of registration to the board 18
within 14 days after receiving the notice; and 19
(ii) for a decision that a dental prosthetist's general 20
registration as a dental technician be cancelled--to 21
return the certificate of general registration as a dental 22
prosthetist to the board within 14 days after receiving 23
the notice; 24
(h) if the decision is that the conditions imposed on a general 25
registration be confirmed, the review period applying to the 26
confirmed conditions; 27
(i) if the decision is that the conditions imposed on a general 28
registration be changed-- 29
(i) the review period applying to the changed conditions; and 30
(ii) if the conditions were imposed because of the person's 31
152
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 4 (continued)
mental and physical health and it is decided under 1
section 100(2) that details of the changed conditions must be 2
recorded in the register, the details that must be recorded in 3
the register for the period for which the changed conditions 4
are in force; and 5
(iii) a direction to the person to return the certificate of 6
registration to the board within 14 days after receiving the 7
notice; and 8
(iv) for a decision that conditions on a dental prosthetist's general 9
registration as a dental technician be changed--a direction to 10
the person to return the certificate of general registration as a 11
dental prosthetist to the board within 14 days after receiving 12
the notice. 13
"inspector" means a person who is appointed as an inspector under 14
section 144. 15
"interstate law", for part 9, division 3, see section 210. 16
"interstate regulatory authority" means an entity established under the 17
law of another State or New Zealand having functions similar to the 18
board's functions under this Act or the Health Practitioners 19
(Professional Standards) Act 1999. 20
"item", for part 10, division 2, see section 221. 21
"legislative scheme" see section 4. 22
"local practitioner", for part 9, division 3, see section 210. 23
"medical condition" includes substance abuse or dependence. 24
"member" means a member of the board. 25
"notice" means written notice. 26
"occupier", of a place, includes a person who reasonably appears to be an 27
occupier, or in charge, of the place. 28
"office" means the Office of Health Practitioner Registration Boards under 29
the Health Practitioner Registration Boards (Administration) Act 30
1999. 31
153
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 4 (continued)
"original decision" see section 180(1). 1
"participant", for part 9, division 3, see section 210. 2
"personal details requirement" see section 169(5). 3
"place" includes premises, vacant land and a vehicle. 4
"place of seizure" see section 160. 5
"possess", a health record, for part 9, division 1, see section 202. 6
"premises" includes-- 7
(a) a building or other structure; and 8
(b) a part of a building or other structure; and 9
(c) land where a building or other structure is situated. 10
"prepare", for part 9, division 3, see section 210. 11
"profession" means-- 12
(a) the dental technology profession; or 13
(b) the dental prosthetics profession. 14
"professional service" means-- 15
(a) for the dental technology profession--a dental technology service; 16
or 17
(b) for the dental prosthetics profession--a dental prosthetic service. 18
"provisional general registrant" means a person registered, under 19
section 60, as a provisional general registrant. 20
"provisional general registration" means registration of a person as a 21
provisional general registrant under section 60. 22
"provisional special purpose registrant" means a person registered, 23
under part 3, division 8, as a provisional special purpose registrant. 24
"provisional special purpose registration" means registration of a person 25
as a provisional special purpose registrant under part 3, division 8. 26
"public members" see section 15(2)(b). 27
154
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 4 (continued)
"public place" means a place that the public is entitled to use, is open to the 1
public or is used by the public (whether or not on payment of money). 2
"recency of practice conditions" see section 74(2). 3
"recency of practice requirements" see section 68. 4
"register" means the register kept under section 197. 5
"registrant" means a person registered under part 3. 6
"registrant members" see section 15(2)(a). 7
"registration" means registration under part 3. 8
"registration fee" see section 42(1)(c)(iii). 9
"renewable registration" means a general registration or special purpose 10
registration. 11
"repealed Act" means the Dental Technicians and Dental Prosthetists Act 12
1991. 13
"restoration fee" see section 78(1)(b)(i). 14
"restricted title" means-- 15
(a) for the dental technology profession--a title that consists of, or 16
includes, the words `dental technician'; and 17
(b) for the dental prosthetics profession--a title that consists of, or 18
includes, the words `dental prosthetist'. 19
"review period", applying to conditions imposed by the board or the 20
District Court on a general registration, means the period, not more 21
than 3 years after the decision to impose the conditions takes effect, 22
within which the registrant may not apply for a review of the 23
conditions under part 3, division 7. 24
"service agreement" means an agreement made under the Health 25
Practitioner Registration Boards (Administration) Act 1999, between 26
the executive officer and the board, for the provision of administrative 27
and operational support by the office to the board. 28
"show cause notice" see section 84(1). 29
155
Dental Technicians and Dental Prosthetists
Registration
SCHEDULE 4 (continued)
"show cause period" see section 84(2)(e). 1
"special activities" see section 102. 2
"special purpose registrant" means a person registered, under part 3, 3
division 8, as a special purpose registrant, but does not include a 4
provisional special purpose registrant. 5
"special purpose registration" means registration of a person as a special 6
purpose registrant under part 3, division 8. 7
"user", of a registrant's services, includes a person who used the services. 8
"visiting practitioner", for part 9, division 3, see section 210. 9
"warrant form" see section 153(5)(b). 10
11
© State of Queensland 2000
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