DENTAL TECHNICIANS AND DENTAL PROSTHETISTS REGISTRATION ACT 2001

Queensland Consolidated Acts

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DENTAL TECHNICIANS AND DENTAL PROSTHETISTS 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 Technicians and Dental Prosthetists 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 Accountability Act 2009
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. Restoration of general registration as dental prosthetist
80. Period of restored registration
81. Conditions of expired registration
82. When recency of practice conditions take effect

Division 6--Cancellation of general registrations

83. Ground for cancellation
84. Show cause notice
85. Representations about show cause notices
86. Ending show cause process without further action
87. Cancellation
88. 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 District Court

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

Division 8--Special purpose registrations
Subdivision 1--Applications for special purpose registration

102. Undertaking of special activities relating to the profession
103. Application of divs 2 and 3
104. Eligibility
105. Qualifications for special purpose registration
106. Suitability to be a special purpose registrant
107. Period of special purpose registration
108. Imposition of conditions by board
109. Contravention of conditions
Subdivision 2--Renewal of special purpose registrations
109A. Non-application of sdiv 2 to short-term registration
110. Application of div 4, sdivs 2 and 3
111. Matters that may be considered in deciding whether to renew special purpose registrations
112. Imposition of conditions by board
113. Period of renewed special purpose registration
Subdivision 3--Cancellation of special purpose registrations
114. Application of div 6
115. Grounds for cancellation
Subdivision 4--Removal of conditions
116. Removal

Division 9--General provisions about registrations

117. Person is taken to be registered under this part
118. Surrender of registrations
119. Effect on dental prosthetics registration if registration as dental technician ceases to have effect
120. Replacement of certificates of registration
121. Certified copy of certificates of registration
122. Notification of change in circumstances
123. Decision about recording certain conditions in register
124. Notification of certain events to interstate regulatory authorities and other entities
124AA. Short-term registration

Part 4--Obligations of registrants and other persons

Division 1A--Restricted practice for dental prosthetic services

124A. Authority to practise restricted to registrants
124B. Restriction on provision of dental prosthetic services

Division 1--Restricted titles and holding out

125. Taking of restricted titles etc.
126. Claims by persons as to registration
127. Claims by persons as to other persons' registration
128. Restrictions on special purpose registrants, provisional general registrants and provisional special purpose registrants
129. Restrictions on registrants registered on conditions

Division 3--Advertising

132. Obligations of advertisers
133. Information to appear in advertisements

Division 4--Registrants' autonomy

134. Aiding and abetting etc. conduct that is a ground for disciplinary action

Division 5--Court orders and injunctions

135. Persons may be prohibited from supplying health services etc.
136. Injunctions

Division 6--Reprisals

137. Reprisal and grounds for reprisals
138. Offence for taking reprisal
139. Damages entitlement for reprisal

Division 7--Other provisions

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

Part 5--Investigation and enforcement

Division 1--Inspectors

141. Functions of inspectors
142. Powers of inspectors
143. Limitation on powers of inspectors

Division 2--Appointment of inspectors and other matters

144. Appointments
145. Appointment conditions
146. Identity cards
147. Failure to return identity card
148. Production or display of inspector's identity card

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

149. Power to enter places
Subdivision 2--Procedure for entry
150. Entry with consent
151. Application for warrant
152. Issue of warrant
153. Special warrants
154. Warrants—procedure before entry
Subdivision 3--Powers after entry
155. General powers after entering places
156. Failure to help inspector
157. Failure to give information
Subdivision 4--Power to seize evidence
158. Seizing evidence at a place that may be entered without consent or warrant
159. Seizing evidence at a place that may only be entered with consent or warrant
160. Securing seized things
161. Tampering with seized things
162. Powers to support seizure
163. Receipts for seized things
164. Forfeiture of seized things
165. Forfeiture on conviction
166. Dealing with forfeited things etc.
167. Return of seized things
168. Access to seized things
Subdivision 5--Power to obtain information
169. Power to require name and address
170. Failure to give name or address
171. Power to require production of documents
172. Failure to produce document
173. Power to require information

Division 4--General enforcement matters

174. Notice of damage
175. Compensation
176. False or misleading information
177. False or misleading documents
178. Obstructing inspectors
179. Impersonation of inspectors

Part 6--Appeals

180. Who may appeal
181. Starting appeals
182. Hearing procedures
183. Powers of court on appeal
184. Appointment of assessors

Part 7--Legal proceedings

Division 1--Evidence

185. Application of division
186. Appointments and authority
187. Signatures
188. Evidentiary provisions

Division 2--Proceedings

189. Indictable and summary offences
190. Proceedings for indictable offences
191. Limitation on who may summarily hear indictable offence
192. Limitation on time for starting summary proceedings
193. Allegations of false or misleading information or documents
194. Penalties to be paid to board
195. Responsibility for acts or omissions of representatives
196. Executive officers must ensure corporation complies with Act

Part 8--Register, records and information

Division 1--Register

197. Register to be kept
198. Inspection of register

Division 2--Records to be kept

199. Records

Division 3--Information

200. Confidentiality of information
201. Board's annual report must disclose authorisation

Part 9--Miscellaneous

Division 1--Abandoned, and other, health records

202. Definitions for div 1
203. Board may take possession of abandoned health records
204. Health records forming part of deceased estate
205. Health records of persons convicted of an offence against s 124A, 125(1) or (6) or 126
206. Dealing with certain health records seized under s 158 or 159
207. How board may deal with health records
208. Destruction of health records

Division 2--Continuing professional education of registrants

209. Continuing professional education programs

Division 3--Declared events

210. Definitions for div 3
211. Declaration of events
212. Deemed general registration of visiting practitioners

Division 4--Other provisions

213. Protecting officials from liability
214. False or misleading information or documents
215. Certificates etc. not to be false or misleading
216. Application of provisions
217. Approval of forms
218. Examination fees
219. Regulation-making power

Part 10--Repeal and transitional provisions

Division 1--Repeal

220. Repeal of Dental Technicians and Dental Prosthetists Act 1991

Division 2--Transitional provisions for Act No. 5 of 2001

221. Definitions for div 2
222. References to repealed Act or former board
223. Board is the legal successor
224. Assets and liabilities etc.
225. Service agreements
226. Proceedings
227. Dealing with matter under Health Practitioners (Professional Standards) Act 1999
228. Offences
229. Membership of board
230. Chairperson and deputy chairperson of board
231. Appeals
232. Existing registrations
233. Existing applications for certain column 1 registrations
234. Existing applications for restoration of certain column 1 registrations
235. Suspended registrations
238. Records
239. Certain Act has not been repealed

Division 3--Transitional provision for Health Legislation Amendment Act 2005

240. Sections 135 and 205 not to apply to certain convictions for offences against s 124A
SCHEDULE 1 DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN
SCHEDULE 4 DICTIONARY
Endnotes

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