Queensland Consolidated Acts

DENTAL PRACTITIONERS REGISTRATION ACT 2001

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement

           Division 2--Operation of Act

   3.      Act binds all persons
   4.      The legislative scheme
   5.      Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999
   6.      Mutual recognition legislation not affected

           Division 3--Objects

   7.      Objects of Act

           Division 4--Interpretation

   8.      Definitions

           Part 2--Dental Board of Queensland

           Division 1--Establishment and functions

   9.      Establishment of board
   10.     Board's relationship with the State
   11.     Functions of board
   12.     Board's independence etc.
   13.     Powers of board
   14.     Delegation by board

           Division 2--Membership

   15.     Membership of board
   16.     Registrant members
   17.     Public members
   18.     Certain nominee board members
   19.     Chairperson and deputy chairperson of board
   20.     Term of appointment
   21.     Disqualification from membership
   22.     Vacation of office
   23.     When notice of resignation takes effect
   24.     Leave of absence for a member
   25.     Effect of vacancy in membership of board
   26.     Remuneration of members

           Division 3--Board business

   27.     Conduct of business
   28.     Times and places of meetings
   29.     Quorum
   30.     Presiding at meetings
   31.     Conduct of meetings
   32.     Minutes

           Division 4--Board committees

   33.     Committees
   34.     Remuneration of committee members

           Division 5--Disclosure of interests by board members and committee members

   35.     Disclosure of interests

           Division 6--Directions by Minister

   36.     Minister's power to give directions in the public interest

           Division 7--Annual reports

   37.     Matters to be included in annual report

           Division 8--Other provisions about the board

   38.     Board is statutory body under the Financial Administration and Audit Act 1977
   39.     Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982
   40.     Board's common seal

           Part 3--Registration

           Division 1--Preliminary

   41.     Who may apply for registration

           Division 2--Applications for general registration
           Subdivision 1--Applications

   42.     Procedural requirements for applications
           Subdivision 2--Eligibility for general registration
   43.     Eligibility
   44.     When applicant is qualified for general registration
   45.     Fitness to practise the profession
           Subdivision 3--Inquiries into applications
   46.     Board's powers before deciding applications
   47.     Appointment of appropriately qualified person to conduct health assessment
   48.     Report about health assessment
   49.     Use of assessment report
   50.     Payment for health assessments and reports
           Subdivision 4--Decision on applications
   51.     Decision
   52.     Steps to be taken after application decided
   53.     Failure to decide applications
   54.     Further consideration of applications
           Subdivision 5--Information in certificates of general registration
   55.     Forms of certificates of general registration
           Subdivision 6--Period of general registration
   56.     Period
           Subdivision 7--Conditions of general registration
   57.     Imposition of conditions by board
   58.     Contravention of conditions

           Division 3--Provisional general registration

   59.     Meaning of authorised person for div 3
   60.     Provisional general registration of a person
   61.     Confirmation or cancellation of provisional general registration
   62.     Procedure after cancellation of provisional general registration
   63.     Form of certificate of provisional general registration
   64.     Period
   65.     Board decides to register provisional general registrant as a general registrant
   66.     Board decides to refuse to register provisional general registrant as a general registrant
   67.     Deemed refusal by board to register provisional general registrant as a general registrant

           Division 4--Renewal of general registrations
           Subdivision 1--Preliminary

   67A.    Non-application of div 4 to short-term registration
   68.     Meaning of recency of practice requirements
           Subdivision 2--Applications for renewal of general registrations
   69.     Notification of imminent expiry of registration
   70.     Procedural requirements for applications
   71.     General registration taken to be in force while application is considered
           Subdivision 3--Decision on applications
   72.     Inquiries into applications
   73.     Decision
   74.     Recency of practice requirements are not satisfied
   75.     Steps to be taken after application decided

           Division 5--Restoration of general registrations

   75A.    Non-application of div 5 to short-term registration
   76.     Application of div 4, sdivs 1 and 3
   77.     When an application for restoration of a general registration may be made
   78.     Procedural requirements for applications
   79.     Period of restored registration
   80.     Conditions of expired registration
   81.     When recency of practice conditions take effect

           Division 6--Cancellation of general registrations

   82.     Grounds for cancellation
   83.     Show cause notice
   84.     Representations about show cause notices
   85.     Ending show cause process without further action
   86.     Cancellation
   87.     Return of cancelled certificate of general registration to board

           Division 7--Reviewing conditions of general registrations
           Subdivision 1--Review of conditions imposed by the board or QCAT

   88.     Review of conditions
   89.     How registrant may start a review
   90.     Review of conditions during review period
   91.     Board's powers before making decision
   92.     Application of ss 47-50
   93.     Deemed withdrawal of application etc.
   94.     Decision
   95.     When decision takes effect
   96.     Failure by board to make decision on application
   97.     Failure by board to make decision on review agreed to under s 90
   98.     Further decision required if certain conditions changed
           Subdivision 2--Recording change, or removal, of conditions
   99.     Amending, replacing, or issuing new, certificate of general registration

           Division 8--Specialist registration
           Subdivision 1--Applications

   100.    Procedural requirements for applications
           Subdivision 2--Eligibility for specialist registration
   101.    Eligibility
   102.    When applicant is qualified for specialist registration
           Subdivision 3--Inquiries into applications
   103.    Board's powers before deciding applications
           Subdivision 4--Decision on applications
   104.    Decision
   105.    Steps to be taken after application decided
   106.    Failure to decide applications
   107.    Further consideration of applications
           Subdivision 5--Information in certificates of specialist registration
   108.    Form of certificates of specialist registration
           Subdivision 6--Period of specialist registration
   109.    Period
           Subdivision 7--Conditions of specialist registration
   110.    Conditions attaching to general registration applicable to specialist registration
   111.    Imposition of conditions by board
   112.    Contravention of conditions
           Subdivision 8--Application of certain provisions
   113.    Application of certain provisions about general registration to specialist registration
           Subdivision 9--Miscellaneous
   114.    Additional information to be included in show cause notice
   115.    Effect on specialist registration if general registration ceases to have effect
   116.    Effect on specialist registration if conditions on general registration are changed or removed
   117.    Restoration of specialist registration
   118.    Decision about recording certain conditions in register

           Division 9--Special purpose registrations
           Subdivision 1--Applications for special purpose registration

   119.    Undertaking of special activities relating to the profession
   120.    Application of divs 2 and 3
   121.    Eligibility
   122.    Qualifications for special purpose registration
   124.    Period of special purpose registration
   125.    Imposition of conditions by board
   126.    Contravention of conditions
           Subdivision 2--Renewal of special purpose registrations
   126A.   Non-application of sdiv 2 to short-term registration
   127.    Application of div 4, sdivs 2 and 3
   128.    Matters that may be considered in deciding whether to renew special purpose registrations
   129.    Imposition of conditions by board
   129A.   Condition of practice under supervision
   130.    Period of renewed special purpose registration
           Subdivision 3--Cancellation of special purpose registrations
   131.    Application of div 6
   132.    Grounds for cancellation
           Subdivision 4--Changing or removing conditions
   132A.   Changing conditions
   133.    Removal

           Division 9A--Dental auxiliary registration
           Subdivision 1--Applications for dental auxiliary registration

   133A.   Procedural requirements for applications
           Subdivision 2--Eligibility for dental auxiliary registration
   133B.   Eligibility
   133C.   When applicant is qualified for dental auxiliary registration
           Subdivision 3--Decision on applications
   133D.   Decision
           Subdivision 4--Information in certificates of dental auxiliary registration
   133E.   Forms of certificates of dental auxiliary registration
           Subdivision 5--Conditions of dental auxiliary registration
   133F.   Imposition of conditions by board
           Subdivision 6--Application of certain provisions
   133G.   Application of certain provisions about general registration to dental auxiliary registration

           Division 10--General provisions about registrations

   134.    Person is taken to be registered under this part
   135.    Surrender of registrations
   136.    Replacement of certificates of registration
   137.    Certified copy of certificates of registration
   138.    Notification of change in circumstances
   139.    Notification of certain events to interstate regulatory authorities and other entities
   139AA.  Short-term registration

           Part 4--Obligations of registrants and other persons

           Division 1A--Restricted practice of dentistry

   139A.   Restriction

           Division 1--Restricted titles and holding out

   140.    Taking of restricted dental auxiliary registrant title etc.
   140A.   Taking of restricted general registrant title etc.
   140B.   Taking of restricted dental auxiliary registrant title for which not registered
   140C.   Restriction on use of titles by special purpose registrants and provisional special purpose registrants
   141.    Taking of restricted specialist title etc.
   142.    Use of title 'doctor'
   143.    Claims by persons as to registration
   144.    Claims by persons as to other persons' registration
   145.    Restrictions on registrants
   147.    Restrictions on registrants registered on conditions

           Division 3--Advertising

   150.    Obligations of advertisers
   151.    Information to appear in advertisements

           Division 4--Registrants' autonomy

   152.    Aiding, abetting etc. conduct that is a ground for disciplinary action

           Division 5--Court orders and injunctions

   153.    Persons may be prohibited from supplying health services etc.
   154.    Injunctions

           Division 6--Reprisals

   155.    Reprisal and grounds for reprisals
   156.    Offence for taking reprisal
   157.    Damages entitlement for reprisal

           Division 7--Other provisions

   158.    Payment, or acceptance of payment, for referrals prohibited

           Part 5--Investigation and enforcement

           Division 1--Inspectors

   159.    Functions of inspectors
   160.    Powers of inspectors
   161.    Limitation on powers of inspectors

           Division 2--Appointment of inspectors and other matters

   162.    Appointments
   163.    Appointment conditions
   164.    Identity cards
   165.    Failure to return identity card
   166.    Production or display of inspector's identity card

           Division 3--Powers of inspectors
           Subdivision 1--Entry of places

   167.    Power to enter places
           Subdivision 2--Procedure for entry
   168.    Entry with consent
   169.    Application for warrant
   170.    Issue of warrant
   171.    Special warrants
   172.    Warrants—procedure before entry
           Subdivision 3--Powers after entry
   173.    General powers after entering places
   174.    Failure to help inspector
   175.    Failure to give information
           Subdivision 4--Power to seize evidence
   176.    Seizing evidence at a place that may be entered without consent or warrant
   177.    Seizing evidence at a place that may only be entered with consent or warrant
   178.    Securing seized things
   179.    Tampering with seized things
   180.    Powers to support seizure
   181.    Receipts for seized things
   182.    Forfeiture of seized things
   183.    Forfeiture on conviction
   184.    Dealing with forfeited things etc.
   185.    Return of seized things
   186.    Access to seized things
           Subdivision 5--Power to obtain information
   187.    Power to require name and address
   188.    Failure to give name or address
   189.    Power to require production of documents
   190.    Failure to produce document
   191.    Power to require information

           Division 4--General enforcement matters

   192.    Notice of damage
   193.    Compensation
   194.    False or misleading information
   195.    False or misleading documents
   196.    Obstructing inspectors
   197.    Impersonation of inspectors

           Part 6--Reviews by QCAT

   198.    Who may apply for a review
   199.    Particular matters relating to powers of QCAT

           Part 7--Legal proceedings

           Division 1--Evidence

   203.    Application of division
   204.    Appointments and authority
   205.    Signatures
   206.    Evidentiary provisions

           Division 2--Proceedings

   207.    Indictable and summary offences
   208.    Proceedings for indictable offences
   209.    Limitation on who may summarily hear indictable offence
   210.    Limitation on time for starting summary proceedings
   211.    Allegations of false or misleading information or documents
   212.    Penalties to be paid to board
   213.    Responsibility for acts or omissions of representatives
   214.    Executive officers must ensure corporation complies with Act

           Part 8--Register, records and information

           Division 1--Register

   215.    Register to be kept
   216.    Inspection of register

           Division 2--Records to be kept

   217.    Records

           Division 3--Information

   218.    Confidentiality of information
   219.    Board's annual report must disclose authorisation

           Part 9--Miscellaneous

           Division 1--Abandoned, and other, health records

   220.    Definitions for div 1
   221.    Board may take possession of abandoned health records
   222.    Health records forming part of deceased estate
   223.    Health records of persons convicted of an offence against s 139A, 140(1) or (6), 140A(1) or (6), 140B(1), 141(1) or 143
   224.    Dealing with certain health records seized under s 176 or 177
   225.    How board may deal with health records
   226.    Destruction of health records

           Division 2--Continuing professional education of registrants

   227.    Continuing professional education programs

           Division 3--Declared events

   228.    Definitions for div 3
   229.    Declaration of events
   230.    Deemed registration of visiting practitioners

           Division 4--Other provisions

   230A.   Provision of certain professional services by interstate practitioners
   231.    Protecting officials from liability
   231A.   Protection for persons involved in supervising special purpose registrants
   232.    False or misleading information or documents
   233.    Certificates etc. not to be false or misleading
   234.    Application of provisions
   235.    Approval of forms
   236.    Examination fees
   237.    Regulation-making power

           Part 10--Repeal, transitional and savings provisions

           Division 1--Repeal

   238.    Repeal of Dental Act 1971

           Division 2--Transitional provisions for Dental Practitioners Registration Act 2001

   239.    Definitions for div 2
   240.    References to repealed Act or former board
   241.    Board is the legal successor
   242.    Assets and liabilities etc.
   243.    Service agreements
   244.    Proceedings
   245.    Dealing with matter under Health Practitioners (Professional Standards) Act 1999
   246.    Offences
   247.    Membership of board
   248.    Chairperson and deputy chairperson of board
   249.    Appeals
   250.    Existing registrations
   251.    Removal of conditions imposed under repealed Act
   252.    Existing overseas conditional registration
   253.    Existing applications for certain column 1 registrations
   254.    Existing applications for restoration of certain column 1 registrations
   255.    Existing applications for renewal of certain column 1 registrations
   256.    Continuation of satisfaction process under section 20(9) of the repealed Act
   257.    Suspended registrations
   260.    Records
   261.    Certain Act has not been repealed

           Division 3--Savings provisions

   265.    Continuation of section of by-law under repealed Act
   266.    References to Dental Technicians and Dental Prosthetists Registration Act 2001, s 240(1)

           Division 4--Transitional provisions for the Health Legislation Amendment Act 2003

   267.    Appointment of eligible persons to board
   268.    Transitional provision for s 263

           Division 5--Transitional provision for Health Legislation Amendment Act 2005

   269.    Sections 153 and 223 not to apply to certain convictions for offences against s 139A
           SCHEDULE 1 DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN
           SCHEDULE 4 DICTIONARY
           Endnotes