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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Dental Practice Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
PART 2--REGISTRATION 6
Division 1--Procedure for Obtaining Registration 6
4. Application for registration 6
5. Qualifications for registration 7
6. Registration 8
7. Specific registration 11
8. Student registration 12
9. Entitlement of applicant to make submissions 13
10. Notification of outcome of application 13
11. Duration and renewal of registration 14
12. Application for renewal of and refusal to renew registration 14
13. Restoration of name to the register 15
14. Effect of suspension of registration 16
15. Registration obtained by fraud 16
Division 2--Other requirements 17
16. The register 17
17. Certificates 19
18. Use of certificate as evidence 19
19. Requirement to notify the Board re address 20
20. Provision of information 20
PART 3--INVESTIGATIONS OF DENTAL CARE PROVIDERS 22
Division 1--Preliminary investigations into professional conduct 22
21. Complaints about the professional conduct of dental care
providers 22
22. When complaints about professional conduct are to be
investigated by Health Services Commissioner 22
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Clause Page
23. When complaints about professional conduct are to be
investigated by the Board 23
24. Outcome of preliminary investigation 24
25. Board may institute a hearing into professional conduct 24
26. Suspension of registration upon commencement of investigation 24
Division 2--Preliminary investigation into the health of dental care
providers 25
27. Commencement of preliminary investigation 25
28. Notification to dental care providers and students 26
29. Examination 27
30. Report of examination 27
31. Outcome of preliminary investigation 28
32. Referral to formal hearing 29
33. Request for conditions, limitations or restrictions 29
34. Revocation of suspension of registration or condition, limitation
or restriction imposed on registration 30
35. Immediate suspension of registration 30
Division 3--Formal and Informal Hearings 31
36. Establishment and notification of an informal hearing 31
37. Constitution of a panel for an informal hearing 31
38. Notice of an informal hearing 32
39. Conduct of an informal hearing 33
40. Findings and determinations of an informal hearing 33
41. Change of informal hearing to formal hearing during course of
hearing 34
42. Request for formal hearing upon completion of informal hearing 34
43. Establishment and notification of formal hearing 34
44. Constitution of a hearing panel for a formal hearing 35
45. Notice of a formal hearing 36
46. Conduct of a formal hearing 36
47. Findings and determinations of a formal hearing into conduct 37
48. Findings and determinations of a formal hearing into ability to
practise 39
Division 4--General Provisions relating to Investigations 40
49. Investigation etc. may continue even if person no longer
registered 40
50. Procedure at formal and informal hearings 40
51. Powers of panel conducting a formal hearing 41
52. Determinations 41
53. Removal of suspension, condition, limitation or restriction 41
54. Reasons for determinations of panel 41
55. Notifications 41
56. Offence to disclose information identifying complainant 43
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Clause Page
57. Terms and conditions of appointment of panel members 44
PART 4--REVIEW BY VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL 45
58. Review by VCAT 45
59. Notification 45
PART 5--OFFENCES 47
60. Claims by persons as to registration 47
61. Restriction on practising dentistry 49
62. Use of dental titles in educational institutions 50
63. Fraud, forgery etc. 50
64. Advertising 50
65. Directing others to practise unprofessionally 52
66. Advertising guidelines 52
67. Power of the courts to require corrective advertising 53
PART 6--ADMINISTRATION 54
68. Establishment of Board 54
69. Powers, functions and consultation requirements 54
70. Membership of the Board 56
71. Terms of office 56
72. Resignation and removal 57
73. President and Deputy President 57
74. Acting member 58
75. Payment of members 58
76. Procedure of Board 59
77. Member's interests 59
78. Resolutions without meetings 60
79. Approved methods of communication for Board 61
80. Effect of vacancy or defect 61
81. Immunity 61
82. Establishment of committees 62
83. Membership of committees 62
84. Payment of members 63
85. Staff 63
86. Delegation 64
PART 7--REPORTING AND FINANCIAL PROVISIONS 65
87. Dental Practice Board Fund 65
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Clause Page
88. Investment powers 65
89. Repayment of advances 66
PART 8--ENFORCEMENT AND SUPPLEMENTARY POWERS 67
90. Proceedings for offences 67
91. Identification 67
92. Powers of entry with warrant 67
93. Announcement before entry 69
94. Copy of warrant to be given to occupier 69
95. Copies or receipts to be given 69
96. Powers of Board in relation to fees 70
PART 9--MISCELLANEOUS 71
97. Supreme Court--limitation of jurisdiction 71
98. Regulations 71
PART 10--SAVINGS, TRANSITIONAL AND REPEAL 73
99. Definitions 73
100. Repeal 73
101. New Board succeeds old Boards and Committees 73
102. Proceedings before the old Board 74
103. Application of this Act to conduct occurring before
commencement of this Act 75
104. Existing registrations 75
105. References 77
106. Preparation of annual report 78
107. Consequential amendments 78
__________________
SCHEDULE--Consequential Amendments 79
NOTES 81
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PARLIAMENT OF VICTORIA
A BILL
to make further provision for the registration of dental care providers
and investigations into the professional conduct and fitness to practise
of registered dental care providers, to regulate dental care services, to
establish a Dental Practice Board of Victoria and a Dental Practice
Board Fund, to repeal the Dentists Act 1972 and the Dental
Technicians Act 1972 and for other purposes.
Dental Practice Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to provide for the registration of dental care
5 providers and investigations into the
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professional conduct and fitness to practise
of registered dental care providers; and
(b) to regulate the provision of dental care
services; and
5 (c) to establish the Dental Practice Board of
Victoria and the Dental Practice Board Fund;
and
(d) to repeal the Dentists Act 1972 and the
Dental Technicians Act 1972; and
10 (e) to provide for other related matters.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
15 provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 2000, it
comes into operation on that day.
20 3. Definitions
In this Act--
"alcoholic" has the same meaning as in the
Alcoholics and Drug-dependent Persons
Act 1968;
25 "Board" means the Dental Practice Board of
Victoria established under Part 6;
"dental care" includes dentistry;
"dentistry" means the diagnosis or management
of conditions of the mouth of a person, the
30 performance of any invasive or irreversible
procedure on the natural teeth or the parts of
a person's body associated with their natural
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teeth or the provision to a patient or the
insertion or intraoral adjustment of artificial
teeth or dental appliances for a patient;
"division", in relation to the register, means a
5 division of the register;
"drug-dependent person" has the same meaning
as in the Alcoholics and Drug-dependent
Persons Act 1968;
"Fund" means the Dental Practice Board Fund
10 established under Part 7;
"Health Services Commissioner" means the
Health Services Commissioner within the
meaning of the Health Services
(Conciliation and Review) Act 1987;
15 "lawyer" means a person admitted to practise as
a barrister and solicitor of the Supreme
Court;
"register" means the register of dental care
providers and dental students kept under
20 Part 2;
"registered dental auxiliary" means a person
registered under Part 2 in the dental
auxiliaries division of the register;
"registered dental care provider" means a
25 person registered under Part 2 other than a
registered dental student;
"registered dental prosthetist" means a person
registered under Part 2 in the dental
prosthetists' division of the register;
30 "registered dental specialist" means a person
registered under Part 2 in the dental
specialists' sub-division of the dentists
division of the register in a special branch of
dentistry recognised by the Board;
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"registered dental student" means a dental care
student registered under section 8;
"registered dentist" means a person registered
under Part 2 in the dentists' division of the
5 register;
"registered medical practitioner" means a
registered medical practitioner within the
meaning of the Medical Practice Act 1994;
"sub-division" means a sub-division of a division
10 of the Register;
"unprofessional conduct" means all or any of
the following--
(a) professional conduct which is of a
lesser standard than that which the
15 public might reasonably expect of a
registered dental care provider;
(b) professional conduct which is of a
lesser standard than that which might
reasonably be expected of a registered
20 dental care provider by his or her peers;
(c) professional misconduct;
(d) infamous conduct in a professional
respect;
(e) providing a person with dental services
25 of a kind that is excessive, unnecessary
or not reasonably required for that
person's well-being;
(f) influencing or attempting to influence
the conduct of a dental care provider's
30 practice in such a way that patient care
may be compromised;
(g) the failure to act as a dental care
provider when required under an Act or
regulations to do so;
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(h) providing dental care that the provider
is not registered to provide;
(i) the contravention of or failure to
comply with a condition, limitation or
5 restriction on the registration of the
dental care provider imposed by or
under this Act;
(j) the contravention of a provision of this
Act or the regulations; or
10 (k) a finding of guilt of--
(i) an indictable offence in Victoria,
or an equivalent offence in
another jurisdiction; or
(ii) an offence if the dental care
15 provider's ability to continue to
practise is likely to be affected
because of the finding of guilt or
if it is not in the public interest to
allow the dental care provider to
20 continue to practise because of the
finding of guilt; or
(iii) an offence as a dental care
provider under any other Act or
regulations.
25 _______________
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PART 2--REGISTRATION
Division 1--Procedure for Obtaining Registration
4. Application for registration
(1) A natural person may apply to the Board to be
5 registered to provide dental care.
(2) An application must--
(a) specify the division or subdivision of the
register that the person wishes to be
registered in; and
10 (b) be in writing and contain--
(i) details of any information required by
section 20 and of any claims referred to
in that section that have been made but
not dealt with by a court or agreed to be
15 settled by the applicant; and
(ii) a postal address for the person; and
(iii) the address of any premises where the
person proposes to provide dental care;
and
20 (iv) the prescribed information; and
(c) be accompanied by evidence of the
qualifications which the applicant claims
entitle him or her to be registered in the
division or subdivision of the register
25 applied for; and
(d) be accompanied by the fee fixed by the
Board.
(3) The Board may require--
(a) the applicant to provide satisfactory evidence
30 that the applicant will, at the time of
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commencing to provide dental care, be
covered by any insurance required by the
Board against civil liability in connection
with the provision of dental care; and
5 (b) the applicant to provide further information
or material in respect of the application; and
(c) that the information in the application be
verified by a declaration under section 107
of the Evidence Act 1958; and
10 (d) proof of identity of the person making the
application.
5. Qualifications for registration
A person is qualified to be registered as a dental
care provider in a division or subdivision of the
15 register if that person--
(a) has successfully completed a course of study
approved by the Board in respect of that
division or subdivision; or
(b) in the opinion of the Board, has a
20 qualification that is substantially equivalent
or is based on similar competencies to a
course of study approved by the Board; or
(c) has passed an examination set by or on
behalf of the Board; or
25 (d) has a qualification that is recognised in
another State or Territory of the
Commonwealth or New Zealand for the
purposes of undertaking work of a similar
nature to that which a person, holding a
30 qualification to which paragraph (a), (b) or
(c) applies, is qualified to undertake.
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6. Registration
(1) The Board must grant registration as a dental care
provider in the division or subdivision that the
person has applied to be registered for, if--
5 (a) satisfied that the person is qualified under
section 5 to be registered in that division or
subdivision; and
(b) there are no grounds under sub-section (2)
under which the Board may refuse to grant
10 registration to the person; and
(c) the circumstances are such that section 7 and
8 do not apply; and
(d) the person has provided the evidence of any
insurance required under section 4(3)(a); and
15 (e) the person has paid the fee fixed by the
Board under section 4(2)(d).
(2) The Board may refuse to grant registration to an
applicant on any one or more of the following
grounds--
20 (a) that the character of the applicant is such that
it would not be in the public interest to allow
the applicant to practise as a registered
dental care provider;
(b) that the applicant is unfit to practise as a
25 registered dental care provider because he or
she is an alcoholic or drug-dependent person;
(c) that the applicant has been found guilty of an
indictable offence in Victoria or an
equivalent offence in another jurisdiction;
30 (d) that the applicant has been found guilty of an
offence where the ability of the applicant to
practise is likely to be affected because of
the finding of guilt or where it is not in the
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public interest to allow the applicant to
practise because of the finding of guilt;
(e) that the applicant has previously been
registered under this Act or registered or
5 licensed under the Dentists Act 1972 or the
Dental Technicians Act 1972 and during
the course of that registration or licensing
has had proceedings under Part 3 or similar
proceedings under the Dentists Act 1972 or
10 the Dental Technicians Act 1972 brought
against him or her and those proceedings
have never been finalised;
(f) that, in the opinion of the Board, the
applicant is unfit to be registered because he
15 or she has a physical or mental incapacity
that significantly affects his or her ability to
practise as a registered dental care provider;
(g) that the applicant's competency in speaking
or otherwise communicating in English is
20 not sufficient for that person to practise as a
registered dental care provider;
(h) that the applicant has previously held a right
to practise as a dental care provider in
another State or Territory or another country,
25 being the equivalent of registration as a
dental care provider under this Act, and that
right has been cancelled or suspended and
not restored because of conduct which, if
committed within Victoria, would entitle the
30 Board to suspend or cancel the registration;
(i) that, in the case of an applicant whose name
has been removed from the register under
section 12(3), the Board is satisfied the
applicant has not--
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(i) had sufficient practice in the provision
of dental care in the preceding 5 years
to be able to provide dental care; or
(ii) completed any training as an alternative
5 to the practise of dental care.
(3) A grant of registration under this section is subject
to--
(a) a condition that the dental care provider must
only provide dental care in the division or
10 subdivision for which the person is
registered; and
(b) any prescribed condition; and
(c) any other condition, limitation or restriction
that the Board imposes under sub-section
15 (4).
(4) The Board may impose any condition, limitation
or restriction it thinks appropriate on registering a
person including a condition that--
(a) the dental care provider must hold insurance
20 against civil liability in connection with the
provision of dental care during the course of
that provision; or
(b) the dental care provided by the person must
be covered by such insurance; or
25 (c) the dental care provider must be specified or
referred to in such insurance, whether by
name or otherwise, as a person to whom the
insurance cover extends.
(5) The Board may, upon application by the
30 registered dental care provider, amend, vary or
revoke any condition, limitation or restriction
imposed under sub-section (4).
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7. Specific registration
(1) The Board may grant or refuse to grant specific
registration as a dental care provider to an
applicant if the applicant holds qualifications in
5 dental care which do not qualify that applicant for
registration under section 6--
(a) to enable that applicant to undertake
supervised study or training or a course
approved by the Board at an educational or
10 training institution; or
(b) to enable that applicant to fill a teaching or
research position in the provision of dental
care at an educational or training institution
approved by the Board; or
15 (c) to enable an applicant from another country
to practise in Victoria if that applicant has
exchanged practice with a registered dental
care provider for a limited period with the
prior permission of the Board.
20 (2) A grant of specific registration under this section
is subject to--
(a) a condition that the period of registration
must not exceed 12 months;
(b) any other conditions, limitations or
25 restrictions imposed by the Board under sub-
section (3).
(3) The Board may impose any condition, limitation
or restriction it thinks appropriate on granting
specific registration including a condition that--
30 (a) the dental care provider must hold insurance
against civil liability in connection with the
provision of dental care during the course of
that provision; or
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(b) the dental care provided by the person must
be covered by such insurance; or
(c) the dental care provider must be specified or
referred to in such insurance, whether by
5 name or otherwise, as a person to whom the
insurance cover extends.
(4) The Board may upon application by the dental
care provider granted specific registration, amend,
vary or revoke any condition, limitation or
10 restriction imposed under sub-section (3).
8. Student registration
(1) The Board may grant or refuse to grant
provisional registration as a dental student to a
person who does not hold qualifications in dental
15 care referred to in section 5, to enable that person
to undertake or complete a course of study or
supervised training required for registration as a
dental care provider under section 6.
(2) The registration of a person as a dental student
20 under this section--
(a) continues in force for the period specified by
the Board; and
(b) is subject to any condition, limitation or
restriction imposed by the Board.
25 (3) The Board must not impose a condition on the
registration of a person as a dental student relating
to holding insurance against civil liability in
connection with the provision of dental care.
(4) The Board may, upon application by the dental
30 student, amend, vary or revoke any condition,
limitation or restriction on the registration of that
student.
(5) No fee is payable for registration as a dental
student under this section.
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9. Entitlement of applicant to make submissions
If the Board is proposing to refuse an application
for registration or to impose conditions,
limitations or restrictions on the registration of an
5 applicant, the Board must not do so until--
(a) it has given the applicant notice of this
proposal; and
(b) it has given the applicant an opportunity to
make submissions to the Board about the
10 proposal.
10. Notification of outcome of application
(1) Upon determining an application for registration
under this Part, the Board must notify the
applicant as to whether or not registration has
15 been granted to the applicant.
(2) A notice under sub-section (1) must include the
following information--
(a) if registration has been granted--
(i) the division or subdivisions of the
20 register in which the applicant has been
registered and a description of the
dental care that can be provided under
that registration; and
(ii) the conditions that are imposed on the
25 registration by this Part; and
(iii) whether or not any other conditions,
limitations or restrictions have been
imposed on the registration by the
Board and, if so, the reasons for
30 imposing those conditions, limitations
or restrictions;
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(b) if the registration has not been granted--
(i) the reasons why it has not been granted;
and
(ii) a statement that the applicant has a
5 right to obtain a review of the decision
not to grant registration.
11. Duration and renewal of registration
(1) The registration of a dental care provider which is
not specific or the renewal of such registration
10 continues in force until 31 December next
following the grant or renewal of registration.
(2) The specific registration of a dental care provider
or the renewal of such registration continues in
force for 12 months following the grant or
15 renewal of that registration.
12. Application for renewal of and refusal to renew
registration
(1) An application for renewal of registration must--
(a) be made to the Board before the existing
20 registration expires; and
(b) be in writing setting out details of any
information required by section 20 and of
any claims referred to in that section that
have been made but not dealt with by a court
25 or agreed to be settled by the applicant; and
(c) if the applicant proposes to provide dental
care, be accompanied by satisfactory
evidence that the applicant will be covered
by any insurance required by the Board
30 against civil liability in connection with that
provision; and
(d) be accompanied by the fee fixed by the
Board.
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(2) If a person does not apply for renewal of
registration before the end of the existing
registration period, the Board may renew that
person's registration if application is made within
5 3 months after the end of the registration period
and if the applicant pays an additional renewal fee
fixed by the Board which must not be more than
50% of the original fee.
(3) If a person's registration has expired without being
10 renewed that person is deemed to be registered for
a period of 3 months after that expiry, and if, at
the end of that period of 3 months, that person has
not renewed his or her registration, the Board
must remove that person's name from the register.
15 (4) The Board may refuse to renew the registration of
an applicant under this Part--
(a) if the Board is satisfied that the applicant for
renewal has not had sufficient experience in
the provision of dental care in the preceding
20 5 years to be able to provide that dental care
and has not completed any training as an
alternative to the practise of dental care; or
(b) on any ground on which the Board might
refuse to grant registration.
25 (5) The Board may, on the application by the
registered dental care provider or dental student at
the time of the renewal of that person's
registration, amend, vary, or revoke any condition,
limitation or restriction on the registration of that
30 person.
13. Restoration of name to the register
(1) If a person whose name has been removed from
the register under section 12(3)--
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(a) applies to the Board within 2 years from the
date of that removal to have his or her name
restored to the register; and
(b) pays to the Board the fee fixed by the Board
5 for that purpose within that period--
the Board may restore that person's name to the
register.
(2) A person whose name is restored to the Register
under sub-section (1) is to be treated as if the
10 person's registration expired 3 months after the
date on which the name was restored.
14. Effect of suspension of registration
For the purposes of this Act, a dental care
provider or dental student whose registration is
15 suspended is deemed to be not registered for the
period of that suspension.
15. Registration obtained by fraud
(1) If the Board believes that the registration of a
dental care provider has been obtained by fraud or
20 misrepresentation or that the qualifications upon
which the dental care provider relied for
registration have been withdrawn the Board must
conduct a hearing into the matter.
(2) The Board must give notice of the time and place
25 of the hearing to the dental care provider.
(3) The provisions applying to the conduct of a
formal hearing under Part 3 apply to a hearing
under this section as if the hearing under this
section were a formal hearing.
30 (4) If, at the end of the hearing, the Board determines
that the registration of the dental care provider has
been obtained by fraud or misrepresentation or
that the qualifications upon which the dental care
provider has relied for registration have been
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withdrawn, the Board must cancel the registration
of the dental care provider.
Division 2--Other requirements
16. The register
5 (1) The Board must cause to be kept a register of all
dental care providers and dental students to whom
the Board has granted registration under this Act.
(2) The register is to be divided into the divisions
specified and the subdivisions specified in this
10 section.
(3) The register is to consist of the following
divisions--
(a) the division of dentists, which is to be a list
of the names of every person registered as a
15 dentist under this Part;
(b) the division of dental prosthetists, which is
to be a list of the names of every person
registered as a dental prosthetist under this
Part;
20 (c) the division of dental auxiliaries, which is to
be a list of the names of every person
registered as a dental auxiliary under this
Part;
(d) the division of dental students, which is to be
25 a list of the names of every person granted
registration as a dental student under
section 8.
(4) The division of dentists is to contain a subdivision
of dental specialists, which is to be a list of the
30 names of every person registered as a dental
specialist under this Part in a special branch of
dentistry recognised by the Board.
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(5) The division of dental auxiliaries is to contain a
subdivision of dental hygienists and a subdivision
of dental therapists.
(6) The following particulars must be included on the
5 register against the name of the person to whom
they apply--
(a) a description of the division and subdivision
(if any) of registration and the dental care
that the person is qualified to provide;
10 (b) any current suspension of the registration of
the person;
(c) any current condition, limitation or
restriction imposed on the registration of the
person;
15 (d) if the person is registered as a dental
specialist, the branch of dentistry specified
by the Board that the person is qualified to
provide;
(e) the postal address of the person;
20 (f) the address of the premises where the person
provides dental care;
(g) the prescribed information.
(7) The register may be inspected at the office of the
Board by any person during ordinary office hours
25 without charge.
(8) A person may obtain a copy of, or an extract from,
the register on payment of the fee fixed by the
Board.
(9) A registered dental care provider's or dental
30 student's private address must not appear on that
part of the register which is open to the public for
inspection, unless--
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(a) that address is also the premises where the
dental care provider or dental student
provides dental care; or
(b) the dental care provider or dental student so
5 authorises.
17. Certificates
(1) Upon--
(a) granting registration to a person under this
Part; or
10 (b) renewing the registration of a person under
this Part--
the Board must issue to that person a written
document containing the prescribed information
as evidence of the registration.
15 (2) If a dental care provider's or dental student's
registration under this Part has been suspended or
cancelled, the dental care provider must return the
document referred to in sub-section (1) to the
Board.
20 Penalty: 20 penalty units.
18. Use of certificate as evidence
A certificate purporting to be signed by the
President or any 2 members of the Board to the
effect that--
25 (a) a person is or is not or was or was not, at any
specified date, registered; or
(b) a person is or is not or was or was not, at any
specified date, registered in a specified
division or subdivision of the Register; or
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(c) that any disciplinary or other action is or is
not or was or was not, at any specified date,
being taken against that person--
is evidence, and, in the absence of evidence to the
5 contrary, is proof of the matters stated in it.
19. Requirement to notify the Board re address
(1) A registered dental care provider must notify the
Board in writing of the address of any premises
where the dental care provider is providing dental
10 care which has not been notified to the Board
under section 4(2)(b)(iii).
(2) A registered dental care provider or dental student
must notify the Board in writing of any change of
the address of the dental care provider which
15 appears on the register within 14 days after that
change.
Penalty: 10 penalty units.
20. Provision of information
(1) If a person has claimed damages or other
20 compensation from a registered dental care
provider for alleged negligence in the course of
providing dental care, the dental care provider
must provide the Board with information about
the following matters within 30 days after their
25 occurrence--
(a) the dental care provider is ordered by a court
to pay damages or other compensation in
respect of the claim;
(b) the dental care provider agrees to pay a sum
30 of money in settlement of that claim.
(2) If a registered dental care provider has in respect
of an indictable offence--
(a) been committed for trial; or
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(b) been convicted or found guilty of the
offence--
the provider must notify the Board within 30 days
after that commitment, conviction or finding of
5 guilt.
(3) An applicant for registration or renewal of
registration as a dental care provider must ensure
that details of any of the matters referred to in
sub-section (1) or (2) are set out in the application.
10 _______________
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PART 3--INVESTIGATIONS OF DENTAL CARE
PROVIDERS
Division 1--Preliminary investigations into professional
conduct
5 21. Complaints about the professional conduct of dental
care providers
(1) A person may make a complaint about a
registered dental care provider to the Board.
(2) A person may make a complaint to the Board
10 about a person whose registration as a dental care
provider has not been renewed if the complaint
relates to conduct of the dental care provider at a
time when that person was registered.
(3) A person may make a complaint about a
15 registered dental student to the Board concerning
the ability of the student to provide dental care as
part of his or her course of study because of any of
the matters referred to in section 27(2).
22. When complaints about professional conduct are to be
20 investigated by Health Services Commissioner
(1) If the Board receives a complaint about a
registered dental care provider, and the complaint
is of a kind which may be made under the Health
Services (Conciliation and Review) Act 1987,
25 the Board must notify the Health Services
Commissioner and give a copy of the complaint to
the Health Services Commissioner as soon as
possible after it has received the complaint.
(2) The Board, in consultation with the Health
30 Services Commissioner, must determine whether
or not the complaint is to be dealt with by the
Commissioner or the Board.
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(3) The Health Services (Conciliation and Review)
Act 1987 applies to a complaint made under this
Part which is to be dealt with by the Health
Services Commissioner as if the complaint were
5 made under Part 3 of that Act.
(4) The Board must not deal further with a complaint
made under this Part that is to be dealt with by the
Health Services Commissioner unless the Health
Services Commissioner refers the matter back to
10 the Board under section 19(6) of the Health
Services (Conciliation and Review) Act 1987.
(5) If a complaint has been referred to and is being
dealt with by the Health Services Commissioner,
the Commissioner must advise the Board, when
15 the matter is completed, of the outcome of the
matter.
23. When complaints about professional conduct are to be
investigated by the Board
(1) The Board must investigate a complaint
20 concerning the professional conduct of a
registered dental care provider unless--
(a) the complaint is to be dealt with by the
Health Services Commissioner under
section 22; or
25 (b) the Board has determined the complaint to
be frivolous or vexatious.
(2) In order to determine whether or not it is
necessary to conduct a formal or informal hearing
into a complaint, the Board must conduct a
30 preliminary investigation into the complaint.
(3) The Board may, in writing, delegate to--
(a) an officer of the Board; or
(b) an investigator retained by the Board; or
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(c) a member of the Board or a number of
members not exceeding 3--
its power to conduct a preliminary investigation
into a complaint, other than its power to make
5 determinations upon a preliminary investigation.
24. Outcome of preliminary investigation
(1) Upon completing a preliminary investigation, the
person or persons conducting the investigation
may make one of the following
10 recommendations--
(a) that the investigation into the matter should
not proceed further; or
(b) that an informal or formal hearing should be
held into the matter.
15 (2) The Board must determine whether or not to act
on the recommendations of any person conducting
the preliminary investigation.
25. Board may institute a hearing into professional
conduct
20 The Board may, of its own motion, determine to
conduct a formal or informal hearing into the
professional conduct of a registered dental care
provider without conducting a preliminary
investigation.
25 26. Suspension of registration upon commencement of
investigation
(1) The Board, upon making a determination--
(a) to conduct a preliminary investigation into a
complaint made to the Board about the
30 professional conduct of a registered dental
care provider; or
(b) to conduct a formal or informal hearing into
the professional conduct of a registered
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dental care provider without preliminary
investigation--
may suspend the registration of the dental care
provider until any investigation and any hearing
5 into the matter is completed if the Board is of the
opinion that it is necessary to do so because there
is a serious risk that the health and safety of the
public will be endangered.
(2) If the Board has suspended the registration of a
10 dental care provider under sub-section (1), it
must--
(a) immediately notify the dental care provider
of that suspension; and
(b) ensure that the matter is investigated as soon
15 as practicable after that suspension.
Division 2--Preliminary investigation into the health of
dental care providers
27. Commencement of preliminary investigation
(1) If the Board believes the ability of a dental care
20 provider to provide dental care of the type for
which he or she is registered may be affected
because--
(a) of the physical or mental health of the dental
care provider; or
25 (b) the dental care provider has an incapacity; or
(c) the dental care provider is an alcoholic or
drug-dependent person--
the Board may appoint one of its members to
conduct a preliminary investigation into the
30 matter.
(2) If the Board believes the ability of a registered
dental student to provide dental care as part of his
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or her course of study or training may be affected
because--
(a) of the physical or mental health of the
student; or
5 (b) the student has an incapacity; or
(c) the student is an alcoholic or drug-dependent
person--
the Board may appoint one of its members to
conduct a preliminary investigation into the
10 matter.
28. Notification to dental care providers and students
(1) The member of the Board appointed to investigate
the matter must give notice of the preliminary
investigation to the dental care provider or dental
15 student.
(2) A notice under sub-section (1) must--
(a) be in writing; and
(b) be sent by registered post as soon as
practicable after the Board's decision has
20 been made; and
(c) advise the dental care provider or dental
student of the nature of the matter to be
investigated; and
(d) ask the dental care provider or dental student
25 to advise the Board as to whether or not he
or she will agree to undergo an examination
relating to any of the matters referred to in
section 27 within 28 days after receiving the
notice; and
30 (e) advise the dental care provider or dental
student of the procedures that can be taken
under this Part.
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29. Examination
(1) If the dental care provider or dental student agrees
to undergo an examination within 28 days, the
dental care provider or dental student must be
5 examined by a registered medical practitioner and
any other registered health practitioner who are
agreed upon by the Board and the dental care
provider or dental student.
(2) If the Board and the dental care provider or dental
10 student are unable to agree upon the persons to
conduct the examination, the Minister must
appoint a registered medical practitioner and any
other registered health practitioner necessary to
perform the examination.
15 (3) The Board must pay for the examination.
30. Report of examination
(1) The registered medical practitioner must give a
report of the examination to the member of the
Board appointed to investigate the matter and, not
20 more than 7 days later, to the dental care provider
or dental student being investigated.
(2) The person appointed to investigate the matter
must discuss the report with the dental care
provider or dental student and, in the case of an
25 adverse finding in the report, the possible ways of
dealing with that finding.
(3) After discussing the report with the dental care
provider or dental student, the person appointed to
investigate the matter must report to the Board.
30 (4) Despite sub-section (1), if the report contains
information of a medical or psychiatric nature
concerning the dental care provider or dental
student, and it appears to the person appointed to
conduct the investigation that the disclosure of
35 that information to the dental care provider or
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dental student might be prejudicial to the physical
or mental health or well being of the dental care
provider or dental student, the investigator may
decide not to give that information to the dental
5 care provider or dental student but to give it
instead to a registered medical practitioner and to
a registered dental care provider who are
nominated by the dental care provider or dental
student who is the subject of the examination.
10 (5) Before acting under sub-section (4), the
investigator must report to the Board and, if the
investigator is not a registered medical
practitioner and the Board is of the opinion that it
is necessary for the investigation of the matter to
15 be continued by a registered medical practitioner,
the Board may appoint a registered medical
practitioner to continue the investigation.
31. Outcome of preliminary investigation
(1) If, after considering the reports given under
20 section 30, the Board decides that further action
should be taken, the Board must ask the dental
care provider or dental student whether or not he
or she is prepared to agree to--
(a) alter the way in which he or she practises or
25 provides dental care; or
(b) the imposition of any condition, limitation or
restriction on his or her registration; or
(c) the suspension of his or her registration for
the period of time specified by the Board.
30 (2) The Board may take any action that is necessary
to implement an agreement under sub-section (1).
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32. Referral to formal hearing
If a registered dental care provider or dental
student who is the subject of a preliminary
investigation under this Division--
5 (a) does not agree to undergo an examination
under section 29 or does not abide by an
agreement to undergo such an examination;
or
(b) does not reach an agreement with the Board
10 under section 31 or does not abide by an
agreement reached with the Board under
section 31--
the Board may refer the matter to a formal
hearing.
15 33. Request for conditions, limitations or restrictions
(1) A registered dental care provider or dental student
who believes that his or her ability to provide
dental care is affected because--
(a) of his or her physical or mental health; or
20 (b) he or she has an incapacity; or
(c) he or she is an alcoholic or drug-dependent
person--
may ask the Board to impose a condition,
limitation or restriction on his or her registration.
25 (2) If the Board and the dental care provider or dental
student agree upon the condition, limitation or
restriction to be imposed, the Board may impose
it.
(3) If the dental care provider or dental student and
30 the Board do not agree upon the condition,
limitation or restriction to be imposed, the Board
must refer the matter to a preliminary
investigation.
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34. Revocation of suspension of registration or condition,
limitation or restriction imposed on registration
The Board may revoke a condition, limitation or
restriction imposed under this Part on the
5 registration of a registered dental care provider or
dental student or the suspension under this Part of
a registered dental care provider's or dental
student's registration, if the dental care provider or
dental student satisfies the Board that his or her
10 ability to provide dental care of the type for which
he or she is registered is no longer affected.
35. Immediate suspension of registration
(1) If the Board has referred a matter to a formal
hearing under this Division, the Board may
15 suspend the registration of the dental care
provider or dental student until the hearing is
completed, if the Board is of the opinion that the
ability of the dental care provider or dental student
to provide dental care is affected to such an extent
20 that to allow the dental care provider or dental
student to continue to practise or provide care
would pose a serious risk that the health and
safety of the public will be endangered.
(2) If the Board has suspended the registration of a
25 dental care provider or dental student under sub-
section (1), it must--
(a) immediately notify the dental care provider
or dental student of that suspension; and
(b) ensure that the matter is investigated as soon
30 as practicable after that suspension.
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Division 3--Formal and Informal Hearings
36. Establishment and notification of an informal
hearing
If the Board has determined that an informal
5 hearing be held into the professional conduct of a
registered dental care provider under section 24 or
25, the Board must--
(a) appoint a panel to hold the hearing; and
(b) fix a time and place for the hearing to be
10 held; and
(c) by registered post, serve a notice on the
dental care provider which complies with
section 38; and
(d) serve notice on any complainant by
15 registered post under section 55(4)(a) and
(b).
37. Constitution of a panel for an informal hearing
(1) A panel appointed under section 36 is to consist of
not more than 3 persons--
20 (a) who are to be members of the Board; and
(b) of whom, at least 1 is to be a dental care
provider registered in the same division, or if
the dental care provider is registered in a
subdivision in the same subdivision, as the
25 dental care provider who is the subject of the
hearing.
(2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
30 available to sit on it; or
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(b) the Board is of the opinion that a person with
special expertise is required for the
hearing--
the President may fill the vacant positions on the
5 panel by appointing persons who are not members
of the Board from a list of persons approved by
the Governor in Council under sub-section (4).
(3) A person who has undertaken a preliminary
investigation of the matter is not entitled to be a
10 member of the panel.
(4) The Governor in Council, on the recommendation
of the Minister, may approve persons who are not
members of the Board to be available to be
appointed to a panel under sub-section (2).
15 38. Notice of an informal hearing
A notice of an informal hearing under section 36
must--
(a) state the nature of the hearing and the
allegations made against the dental care
20 provider; and
(b) give the time and place of the hearing; and
(c) state that the dental care provider may
choose to have the matter determined by a
formal hearing and state the differences
25 between a formal and informal hearing; and
(d) state that there is no right to legal
representation at the hearing, but that the
dental care provider is entitled to be present
and to make submissions and to be
30 accompanied by another person, that the
hearing is not open to the public and list the
possible findings the panel can make or
orders the panel can give.
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39. Conduct of an informal hearing
At an informal hearing--
(a) the panel must hear and determine the matter
before it; and
5 (b) the dental care provider who is the subject of
the hearing is entitled to be present, to make
submissions and to be accompanied by
another person but is not entitled to be
represented; and
10 (c) the proceedings of the hearing must not be
open to the public.
40. Findings and determinations of an informal hearing
(1) After considering all the submissions made to the
hearing the panel may find either--
15 (a) that the dental care provider has, whether by
act or omission, engaged in unprofessional
conduct which is not of a serious nature; or
(b) that the dental care provider has not engaged
in unprofessional conduct.
20 (2) If the panel finds that the dental care provider has,
whether by act or omission, engaged in
unprofessional conduct which is not of a serious
nature, the panel may make one or more of the
following determinations--
25 (a) that the dental care provider undergo
counselling;
(b) that the dental care provider undertake
further education of the kind stated in the
determination and to complete it within the
30 period specified in the determination;
(c) that the dental care provider be cautioned;
(d) that the dental care provider be reprimanded.
33
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41. Change of informal hearing to formal hearing during
course of hearing
If, before the end of the hearing--
(a) the dental care provider who is the subject of
5 the hearing fails to attend the hearing
without good cause; or
(b) the dental care provider requests that a
formal hearing be held; or
(c) the panel is of the opinion that a formal
10 hearing should be held--
the panel must abandon the informal hearing and
refer the matter to a formal hearing.
42. Request for formal hearing upon completion of
informal hearing
15 Upon the completion of an informal hearing, the
dental care provider who was the subject of the
hearing may request that a formal hearing be held
to review any findings and determinations of the
informal hearing.
20 43. Establishment and notification of formal hearing
If--
(a) the Board has determined that a formal
hearing be held under section 24 or 25 or has
referred a matter to a formal hearing under
25 section 32; or
(b) a dental care provider has requested a formal
hearing under section 42; or
(c) a panel has referred a matter to a formal
hearing under section 41--
30 the Board must--
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(d) appoint a panel to hold the hearing; and
(e) fix a time and place for the hearing to be
conducted; and
(f) serve a notice on the dental care provider or
5 dental student by registered post which
complies with section 45; and
(g) serve a notice on any complainant by
registered post under section 55(4)(a) and
(b).
10 44. Constitution of a hearing panel for a formal hearing
(1) A panel appointed under section 43 must consist
of not less than 3 persons--
(a) who are to be members of the Board; and
(b) of whom 1 is to be a lawyer and at least 1 is
15 to be a dental care provider or dental student
registered in the same division or subdivision
as the dental care provider or dental student
who is the subject of the hearing.
(2) If--
20 (a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
(b) the Board is of the opinion that a person with
special expertise is required for the
25 hearing--
the President may fill the vacant positions on the
panel by appointing persons who are not members
of the Board from a list of persons approved by
the Governor in Council under sub-section (4).
30 (3) The following people are not entitled to be
members of a panel for a formal hearing--
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(a) a person who has undertaken a preliminary
investigation of the matter which is the
subject of the hearing;
(b) a person who has been a member of a panel
5 which held an informal hearing into the
matter.
(4) The Governor in Council, on the recommendation
of the Minister, may appoint persons who are not
members of the Board to be available to be
10 appointed to a panel under sub-section (2).
45. Notice of a formal hearing
A notice of a formal hearing under section 43
must--
(a) state the nature of the hearing and the
15 allegations made against the dental care
provider or student; and
(b) give the time and place of the hearing; and
(c) state that there is a right to make submissions
and to be represented, that the hearing is
20 open to the public, list the possible findings
the panel can make and state that there is a
right to apply for a review of the panel's
findings.
46. Conduct of a formal hearing
25 At a formal hearing--
(a) the hearing panel must hear and determine
the matter before it; and
(b) the dental care provider or dental student
who is the subject of the hearing is entitled
30 to be present, to make submissions and to be
represented; and
(c) if the hearing arises out of a complaint, the
identity of the complainant is not to be
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published or broadcast and the
complainant--
(i) in the case of a proceeding which has
not been closed under paragraph (d), is
5 entitled to be present; and
(ii) if not called as a witness, may make
submissions with the permission of the
Board; and
(d) the proceedings are to be open to the public
10 unless the panel determines that the
proceedings should be closed because the
hearing is taking evidence of intimate,
personal or financial matters and, if the panel
has determined that the proceedings are
15 closed, the panel may determine that the
identity of any witness giving evidence in
the proceedings is not to be published or
broadcast.
47. Findings and determinations of a formal hearing into
20 conduct
(1) After considering all the submissions made to a
formal hearing into the professional conduct of a
registered dental care provider the panel may find
that--
25 (a) the dental care provider has, whether by act
or omission, engaged in unprofessional
conduct of a serious nature; or
(b) the dental care provider has, whether by act
or omission, engaged in unprofessional
30 conduct which is not of a serious nature; or
(c) the dental care provider has not engaged in
unprofessional conduct.
(2) If the panel finds that the dental care provider has,
whether by act or omission, engaged in
35 unprofessional conduct of a serious nature, the
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panel may make one or more of the following
determinations--
(a) require the dental care provider to undergo
counselling;
5 (b) caution the dental care provider;
(c) reprimand the dental care provider;
(d) require the dental care provider to undertake
further education of the kind stated in the
determination and to complete it within the
10 period specified in the determination;
(e) impose conditions, limitations or restrictions
on the registration of the dental care
provider;
(f) impose a fine on the dental care provider of
15 not more than $10 000;
(g) suspend the registration of the dental care
provider for the period specified in the
determination;
(h) cancel the registration of the dental care
20 provider.
(3) If the panel finds under sub-section (1)(b) that the
dental care provider has, whether by act or
omission, engaged in unprofessional conduct
which is not of a serious nature, the panel may
25 make any determinations which a panel at an
informal hearing is able to make upon making
such a finding.
(4) The panel must not impose a fine where the
conduct which is the subject of the finding has
30 resulted in a fine being imposed by another
tribunal or court of law.
(5) If the panel has made a determination under sub-
section (2)(a), (d) or (f) and the dental care
provider has not complied with the determination
38
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within the time specified in the determination, the
Board may suspend the dental care provider's
registration until the order is complied with.
48. Findings and determinations of a formal hearing into
5 ability to practise
(1) After considering all the submissions made to a
formal hearing into the ability to practise of a
registered dental care provider or dental student,
the panel may find that--
10 (a) the ability of the dental care provider or
student to practise or provide dental care is
affected because--
(i) of the physical or mental health of the
dental care provider or dental student;
15 or
(ii) the dental care provider or dental
student has an incapacity; or
(iii) the dental care provider or dental
student is an alcoholic or drug-
20 dependent person; or
(b) the ability of the dental care provider or
student is not affected.
(2) If the panel makes a finding under sub-section
(1)(a), the panel may make one or more of the
25 following determinations--
(a) to impose any condition, limitation or
restriction on the registration of the dental
care provider or dental student;
(b) to suspend the registration of the dental care
30 provider or dental student for the period and
subject to the conditions, limitations and
restrictions, if any, specified in the
determination.
39
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Division 4--General Provisions relating to Investigations
49. Investigation etc. may continue even if person no
longer registered
The Board may--
5 (a) conduct or continue to conduct an
investigation into the professional conduct of
a person who was a registered dental care
provider at the time a complaint was made or
the Board had determined to conduct an
10 investigation into the conduct and make a
finding or determination under this Part; or
(b) conduct or continue to conduct a hearing and
make a finding or determination under this
Part in relation to a person who was a
15 registered dental care provider at the time the
Board had determined to conduct a hearing
into the conduct--
even though the person has ceased to be a
registered dental care provider or the person's
20 registration has been suspended.
50. Procedure at formal and informal hearings
At a formal or informal hearing--
(a) subject to this Part, the procedure of a panel
is in its discretion; and
25 (b) the proceedings must be conducted with as
little formality and technicality as the
requirements of this Act and the proper
consideration of the matter permit; and
(c) a panel is not bound by rules of evidence but
30 may inform itself in any way it thinks fit;
and
(d) a panel is bound by the rules of natural
justice.
40
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s. 51
55
Act No.
51. Powers of panel conducting a formal hearing
Sections 14, 15, 16, 20A and 21A of the Evidence
Act 1958 apply to a panel in the conduct of a
formal hearing as if it were a Board or the
5 Chairman of a Board appointed by the Governor
in Council.
52. Determinations
(1) A determination made by a panel on a hearing
comes into operation on the day it is made or at
10 any later time stated in the determination.
(2) A determination of a panel is to have effect as if it
were a determination of the Board.
(3) If a fine is imposed by a panel it may be recovered
by the Board as a debt due to the Board.
15 53. Removal of suspension, condition, limitation or
restriction
(1) If the Board has suspended the registration of a
dental care provider until the completion of a
hearing, and at the completion of the hearing the
20 panel determines that the suspension should be
removed, the Board must remove the suspension.
(2) If a condition, limitation or restriction has been
imposed on the registration of a dental care
provider and, at the completion of a hearing, the
25 panel determines that the condition, limitation or
restriction should be removed, the Board must
remove that condition, limitation or restriction.
54. Reasons for determinations of panel
A panel must give reasons for a determination
30 made under this Part, to the dental care provider
or dental student who was the subject of the
determination within 28 days after the making of
the determination.
55. Notifications
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(1) If a determination has been made by a panel--
(a) imposing conditions, limitations or
restrictions on the registration of a dental
care provider; or
5 (b) suspending the registration of a dental care
provider; or
(c) cancelling the registration of a dental care
provider--
the Board must give notice of the determination--
10 (d) in the Government Gazette; and
(e) to the authorities responsible for registering
dental care providers in all other States or
Territories of the Commonwealth and in
New Zealand; and
15 (f) to the Health Services Commissioner; and
(g) if the dental care provider is an employee, to
his or her employer; and
(h) if the Board has received a request for
information about the person in respect of
20 whom the determination has been made from
an authority responsible for registering
dental care providers outside Australia or
New Zealand, to that authority.
(2) Notice under sub-section (1) must be given as
25 soon as practicable after the determination has
been made.
(3) No action for defamation lies against the Board or
its members for giving a notice under this section.
(4) If a complaint has been made to the Board, the
30 Board must notify the complainant--
(a) of whether or not a formal or informal
hearing is to be conducted into the matter
and, if so, of the time and place of the
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hearing and, in the case of a formal hearing,
of the fact that the complainant's identity is
not to be published or broadcast; and
(b) in the case of a formal or informal hearing,
5 of whether or not the complainant has any
right to make submissions at the hearing; and
(c) of the findings and determinations of any
hearing arising from that complaint and the
reasons for those findings and
10 determinations, within 28 days after their
having been made.
56. Offence to disclose information identifying
complainant
(1) A person must not publish or broadcast or cause
15 to be published or broadcast any report of a formal
hearing under this Part which contains
information which would enable--
(a) the complainant to be identified; or
(b) if the panel has made a determination
20 prohibiting the publication or broadcast of
the identity of a witness, that witness to be
identified--
unless the complainant or witness has, before
publication or broadcast, consented to this.
25 Penalty: 50 penalty units for a natural person or
100 penalty units for a body corporate.
(2) A person must not, prior to the making of a
determination in relation to a hearing under this
Part, publish or broadcast or cause to be published
30 or broadcast any report of the hearing that
contains information which would enable the
dental care provider to be identified unless the
dental care provider has, before publication or
broadcast, consented to this.
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Penalty: 50 penalty units for a natural person or
100 penalty units for a body corporate.
57. Terms and conditions of appointment of panel
members
5 (1) A member of a panel is appointed on the terms
and conditions determined by the Board for that
member.
(2) A member of a panel, other than a member who is
an employee under Part 3 of the Public Sector
10 Management and Employment Act 1998, is
entitled to receive the fees that are fixed from time
to time by the Governor in Council for members
of panels.
(3) A member of a panel is entitled to receive the
15 allowances that are fixed from time to time by the
Governor in Council.
(4) In fixing fees under sub-section (2), the Governor
in Council may fix different fees for different
classes of cases.
20 (5) The Governor in Council may fix fees and
allowances by reference to any directions given
by the Commissioner of Public Employment
under the Public Sector Management and
Employment Act 1998.
25 _______________
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PART 4--REVIEW BY VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL
58. Review by VCAT
(1) A person may apply to the Victorian Civil and
5 Administrative Tribunal for review of--
(a) a decision to refuse the person's application
for registration or renewal of registration; or
(b) a decision to impose a condition, limitation
or restriction on the person's registration; or
10 (c) a decision of the Board to suspend the
registration of the person, if the Board has
not instituted an investigation into the
professional conduct or ability to practise of
that person within 28 days after having
15 suspended that registration; or
(d) a determination made at a formal hearing
under Part 3.
(2) A person who made a complaint that was the
subject of a determination under Part 3 may apply
20 to the Victorian Civil and Administrative Tribunal
for review of that determination.
(3) The application must be made within--
(a) 60 days after the date on which the Board
gives notice of a decision referred to in sub-
25 section (1)(c); or
(b) 28 days after the date on which the Board
gives notice of any other decision or
determination to the person concerned.
59. Notification
30 If a decision or determination has been reviewed
by the Victorian Civil and Administrative
Tribunal, the Board must notify any person who
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was notified of the original decision or
determination of any change to that decision,
finding or determination by the Tribunal.
_______________
5
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PART 5--OFFENCES
60. Claims by persons as to registration
(1) A person who is not a registered dental care
provider must not--
5 (a) take or use the title of registered advanced
dental technician, registered dentist,
registered dental auxiliary, registered dental
hygienist, registered dental practitioner,
registered dental prosthetist, registered
10 dental surgeon, registered dental specialist,
registered dental therapist or any other title
calculated to induce a belief that the person
is registered under this Act; or
(b) claim to be registered under this Act or hold
15 himself or herself out as being registered
under this Act; or
(c) carry out any act which is required to be
carried out by a registered dental care
provider by or under any other Act; or
20 (d) claim to be qualified to practise as a dental
care provider.
Penalty: 100 penalty units.
(2) Sub-section (1) does not apply to a registered
dental student who is providing dental care in
25 accordance with the student's registration as part
of a course of study at an institution recognised by
the Board for the purposes of this Act.
(3) A registered dental care provider whose
registration is specific must not--
30 (a) take or use any title calculated to induce a
belief that the dental care provider's
registration is not specific; or
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(b) claim to have or hold himself or herself out
as having registration under section 6.
Penalty: 50 penalty units.
(4) A registered dental care provider must not--
5 (a) claim to be registered under this Act in a
division or subdivision of the register in
which he or she is not registered or hold
himself or herself out as being registered in a
division or subdivision of the register if the
10 person is not registered in that division or
subdivision; or
(b) claim to be qualified to practise as a dental
care provider in a division or subdivision of
the register in which he or she is not
15 registered; or
(c) take or use any title calculated to induce a
belief that the dental care provider is
registered in any division or subdivision of
the register if the person is not registered in
20 that division or subdivision.
Penalty: 50 penalty units.
(5) A registered dental care provider whose
registration is subject to a condition, limitation or
restriction must not--
25 (a) take or use any title calculated to induce a
belief that the dental care provider's
registration is not subject to a condition,
limitation or restriction; or
(b) claim to have or hold himself or herself out
30 as having a registration which is not subject
to any condition, limitation or restriction.
Penalty: 50 penalty units.
(6) A person must not hold out another person as
being registered under this Act if the person
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knows or ought reasonably to know that the other
person is not so registered.
Penalty: 50 penalty units.
(7) A person must not hold out another person as
5 being registered under this Act in a particular
division or subdivision of the register if the person
knows or ought reasonably to know that the other
person is not registered in that division or
subdivision.
10 Penalty: 50 penalty units.
(8) If a body corporate contravenes sub-section (1),
any person who is concerned in or takes part in
the management of that body corporate who was,
in any way, by act or omission, directly or
15 indirectly, knowingly concerned in or party to the
commission of the offence also commits an
offence under sub-section (1) and is liable for the
penalty applicable to a natural person for that
offence.
20 61. Restriction on practising dentistry
(1) A person must not practise dentistry unless he or
she is registered as a dental care provider under
this Act.
Penalty: 100 penalty units.
25 (2) Nothing in this section operates to prevent--
(a) a registered medical practitioner from
practising dentistry in the ordinary course of
his or her practice as such or in any case
where the services of a registered dental care
30 provider are not obtainable;
(b) the provision of emergency dental treatment,
without fee or reward, if a person is in pain
and no registered dental care provider or
registered medical practitioner is available;
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64
Act No.
(c) a registered dental student from providing
dental care in accordance with the student's
registration as part of a course of study or
training at an institution recognised by the
5 Board for the purposes of this Act
62. Use of dental titles in educational institutions
A person must not use the title of Dental Institute,
Dental Hospital, Dental College, College of
Dentistry or School of Dentistry or any similar
10 title in relation to any educational or training
institution or any other title calculated to induce a
belief that the institution is able to provide
education or training leading to qualifications
recognised by the Board for registration under this
15 Act unless the institution is recognised by the
Board for the purposes of this Act.
Penalty: 50 penalty units.
63. Fraud, forgery etc.
A person must not--
20 (a) fraudulently or by false representation or
declaration (either orally or in writing)
obtain registration under this Act; or
(b) fraudulently or by false representation (either
orally or in writing) procure any person to be
25 registered under this Act; or
(c) forge, counterfeit or alter any document
relating to registration issued under this Act
or any degree, diploma or other evidence of
qualifications for registration under this Act.
30 Penalty: 240 penalty units or imprisonment for a
period of 2 years or both.
64. Advertising
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(1) A person must not advertise a dental care
provider's practice or dental care provider's
services in a manner which--
(a) is or is intended to be false, misleading or
5 deceptive; or
(b) offers a discount, gift or other inducement to
attract patients to a dental care provider or
dental care provider's practice unless the
advertisement also sets out the terms and
10 conditions of that offer; or
(c) refers to, uses or quotes from testimonials or
purported testimonials; or
(d) creates an unreasonable expectation of
beneficial treatment.
15 Penalty: 50 penalty units for a natural person or
100 penalty units for a body corporate.
(2) If a body corporate contravenes sub-section (1),
any person who is concerned in or takes part in
the management of that body corporate who was,
20 in any way, by act or omission, directly or
indirectly, knowingly concerned in or party to the
commission of the offence also commits an
offence under sub-section (1) and is liable for the
penalty applicable to a natural person for that
25 offence.
(3) A person who, in good faith, publishes or prints
an advertisement which contravenes sub-section
(1) on behalf of another person, is not guilty of an
offence under that sub-section.
30 (4) Despite section 26 of the Magistrates' Court Act
1989, proceedings for an offence against this
section may be commenced within 3 years after
the commission of the alleged offence.
(5) A person who advertises a dental care provider's
35 practice or dental care provider's services in a
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manner otherwise than in compliance with this
section is guilty of a continuing offence and may
be convicted in respect of each day on which the
offence continues.
5 65. Directing others to practise unprofessionally
A person must not, knowing that the provision of
dental care in a particular manner is or could be
detrimental to the welfare of a patient, direct his
or her employee to provide dental care in that
10 manner.
Penalty: 50 penalty units.
66. Advertising guidelines
(1) The Governor in Council may, on the
recommendation of the Board, by notice published
15 in the Government Gazette, issue guidelines about
the minimum standards acceptable to the Board
for or with respect to the advertising of dental
services.
(2) The Board must consult with any person
20 nominated by the Minister in formulating
guidelines for the purposes of this section.
(3) The Board must ensure that any guidelines that it
has formulated for recommendation to the
Governor in Council have been notified with a
25 request for public comment in the Government
Gazette, a newspaper circulating generally
throughout Victoria and in any professional
magazine, newsletter or journal circulating
amongst dental care providers in Victoria at least
30 60 days before the recommendation is given to the
Governor in Council.
(4) The Board must have regard to any comments
received pursuant to a notice under this section in
making a recommendation to the Governor in
35 Council.
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(5) The Board must have regard to any guidelines
issued by the Governor in Council under this
section.
(6) A court may have regard to any guidelines issued
5 by the Governor in Council under this section.
67. Power of the courts to require corrective advertising
If, on the application of the Minister a court is
satisfied that there has been a contravention of
section 64, the court may make either or both of
10 the following orders--
(a) an order requiring any person involved in the
contravention to disclose any information
which is in the person's possession or to
which the person has access, which is
15 information or of a class of information
specified in the order--
(i) to the public or any person or class of
persons specified in the order; and
(ii) in the manner specified in the order;
20 (b) an order requiring any person involved in the
contravention to publish an advertisement in
the terms specified or determined in
accordance with the order--
(i) at the expense of the person; and
25 (ii) in the manner and at the times specified
in the order.
_______________
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PART 6--ADMINISTRATION
68. Establishment of Board
(1) There is established a Board to be called the
Dental Practice Board of Victoria.
5 (2) The Board--
(a) is a body corporate with perpetual
succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name;
10 and
(d) may acquire, hold and dispose of real and
personal property; and
(e) may do and suffer all acts and things that a
body corporate may, by law, do and suffer.
15 (3) The common seal must be kept as directed by the
Board and must not be used except as authorised
by the Board.
(4) All courts must take judicial notice of the seal of
the Board on a document and, until the contrary is
20 proved, must presume that the document was
properly sealed.
69. Powers, functions and consultation requirements
(1) The Board has the following functions--
(a) to register persons in appropriate divisions or
25 subdivisions of the register who comply with
the requirements of this Act as to registration
so that they may practise and hold
themselves out as registered dental care
providers;
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(b) to approve courses and training which
provide qualifications for each of the
divisions or subdivisions of the register;
(c) to regulate the standards of practice of dental
5 care providers;
(d) to investigate the professional conduct or
fitness to practise of registered dental care
providers and registered dental students and
impose sanctions where necessary;
10 (e) to promulgate Codes about the practice of
dentistry;
(f) to issue guidelines about--
(i) the minimum terms and conditions of
insurance against civil liability in
15 connection with the practice of dental
care providers;
(ii) appropriate standards of practice of
dental care providers;
(g) to recognise educational, training or research
20 institutions for the purposes of this Act;
(h) to advise the Minister on any matters relating
to its functions;
(i) when so requested by the Minister, give to
the Minister any information reasonably
25 required by the Minister;
(j) any other functions conferred on the Board
by this Act.
(2) The Board has all the powers necessary to enable
it to perform its functions.
30 (3) In carrying out its functions and exercising its
powers, the Board must--
(a) consult with the Minister and have regard to
the Minister's advice; and
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(b) have regard to the following objectives--
(i) to minimise the community's exposure
to health risks in dental care;
(ii) to promote the community's access to
5 dental care.
70. Membership of the Board
(1) The Board consists of 11 members nominated by
the Minister and appointed by the Governor in
Council.
10 (2) Of the persons appointed to the Board--
(a) 5 must be registered dentists (of whom at
least one must also be a registered dental
specialist);
(b) 2 must be registered dental prosthetists;
15 (c) one must be a registered dental auxiliary;
(d) 2 must be persons who are not registered
dental care providers;
(e) one must be a lawyer.
71. Terms of office
20 (1) A member of the Board holds office for not more
than 3 years from the date of his or her
appointment.
(2) A member of the Board is eligible for
reappointment.
25 (3) The Public Sector Management and
Employment Act 1998 (except in accordance
with Part 7 of that Act) does not apply to a
member in respect of the office of member.
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72. Resignation and removal
(1) A member of the Board ceases to be a member if
he or she is absent, without leave first being
granted by the Board, from 3 consecutive
5 meetings of which reasonable notice has been
given to that member, either personally or by post.
(2) A member of the Board may resign the office of
member by writing signed by the member and
addressed to the Governor in Council.
10 (3) The Governor in Council may at any time remove
a member of the Board from office.
(4) If a member of the Board dies, resigns or is
removed from office, the Governor in Council
may, in accordance with this Act, on the
15 recommendation of the Minister, fill the vacant
office.
(5) A member appointed under sub-section (4) holds
office for the rest of the term of appointment of
the member whose place he or she fills.
20 73. President and Deputy President
(1) The Governor in Council may appoint members of
the Board who are registered dentists to be
President and Deputy President of the Board.
(2) A person appointed to an office under sub-section
25 (1) holds office for the term specified in his or her
instrument of appointment and is eligible for
reappointment.
(3) A person appointed to an office under sub-section
(1) may resign that office by writing signed by the
30 person and addressed to the Governor in Council.
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(4) The Governor in Council may at any time remove
a person appointed under sub-section (1) from
office.
(5) A person appointed to an office under sub-section
5 (1) ceases to hold that office on ceasing to be a
member of the Board.
74. Acting member
(1) If a member of the Board is unable to perform the
duties or functions of the office, the Governor in
10 Council may appoint a person qualified to be
appointed as that member to act as the member
during the period of inability.
(2) The Governor in Council--
(a) subject to this Act, may determine the terms
15 and conditions of appointment of an acting
member; and
(b) may at any time terminate the appointment.
(3) While the appointment of an acting member
remains in force, the acting member has and may
20 exercise all the powers and perform all the duties
and functions of the member.
75. Payment of members
(1) A member or acting member of the Board, other
than a member who is an employee under Part 3
25 of the Public Sector Management and
Employment Act 1998, is entitled to receive the
fees that are fixed from time to time by the
Governor in Council for that member.
(2) Each member or acting member of the Board is
30 entitled to receive the allowances that are fixed
from time to time by the Governor in Council.
(3) The Governor in Council may fix these fees or
allowances by reference to any directions given
by the Commissioner of Public Employment
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under the Public Sector Management and
Employment Act 1998.
76. Procedure of Board
(1) The President or, in the absence of the President,
5 the Deputy President must preside at a meeting of
the Board at which he or she is present.
(2) If neither the President nor Deputy President are
present at a meeting the members present may
elect a member who is a registered dentist to
10 preside at the meeting.
(3) The person presiding at a meeting has a
deliberative vote and a second or casting vote.
(4) A majority of the members of the Board currently
holding office constitutes a quorum.
15 (5) Subject to this Act the Board may regulate its own
proceedings.
77. Member's interests
(1) A member who has a pecuniary or other interest in
any matter in which the Board is concerned
20 must--
(a) if the member is present at a meeting of the
Board at which the matter is to be
considered, disclose the nature of the interest
immediately before the consideration of that
25 matter; or
(b) if the member is aware that the matter is to
be considered at a meeting of the Board at
which the member does not intend to be
present, disclose the nature of the interest to
30 the President or Deputy President of the
Board before the meeting is held.
(2) The member--
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(a) may take part in the discussion in the
meeting; and
(b) must leave the meeting while any vote is
taken on a question relating to the matter.
5 78. Resolutions without meetings
(1) If--
(a) the Board has taken reasonable steps to give
notice to each member setting out the terms
of a proposed resolution; and
10 (b) a majority of the members for the time being
sign a document containing a statement that
they are in favour of the resolution in the
terms set out in the document--
a resolution in those terms is deemed to have been
15 passed at a meeting of the Board held on the day
on which the document is signed or, if the
members referred to in paragraph (b) do not sign it
on the same day, on the day on which the last of
those members signs the document.
20 (2) If a resolution is, under sub-section (1), deemed to
have been passed at a meeting of the Board, each
member must as soon as practicable be advised of
the matter and given a copy of the resolution.
(3) For the purposes of sub-section (1), 2 or more
25 separate documents containing a statement in
identical terms, each of which is signed by one or
more members, are deemed to constitute one
document.
(4) The majority of members referred to in sub-
30 section (1)(b) must not include a member who,
because of section 77, is not entitled to vote on the
resolution.
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(5) This section does not apply to any resolution of
the Board relating to a matter being considered
under Part 3.
79. Approved methods of communication for Board
5 (1) If not less than two-thirds of the members of the
Board for the time being holding office so agree, a
meeting of the Board may be held by means of a
method of communication, or by means of a
combination of methods of communication,
10 approved by the President of the Board for the
purposes of that meeting.
(2) For the purposes of this Part, a member of the
Board who participates in a meeting held as
permitted by sub-section (1) is present at the
15 meeting even if he or she is not physically present
at the same place as another member participating
in the meeting.
(3) This section--
(a) applies to a meeting or a part of a meeting;
20 (b) does not apply to a meeting conducted for
the purposes of Part 3.
80. Effect of vacancy or defect
An act or decision of the Board is not invalid only
because--
25 (a) of a vacancy in its membership; or
(b) of a defect or irregularity in the appointment
of any of its members; or
(c) in the case of an acting member, the
occasion for that member so acting had not
30 arisen or had ceased.
81. Immunity
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(1) A member of the Board or person responsible for
keeping the register is not personally liable for
anything done or omitted to be done in good
faith--
5 (a) in the exercise of a power or the discharge of
a duty under this Act; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the discharge of a duty under this Act.
10 (2) Any liability resulting from an act or omission
that would but for sub-section (1), attach to a
member of the Board or the person responsible for
keeping the register, attaches instead to the Board.
82. Establishment of committees
15 (1) The Board must establish 3 advisory committees,
of which--
(a) one is to provide expert advice on dental care
matters relating to the special branches of
dentistry recognised by the Board and
20 specified in the dental specialists' sub-
division of the register;
(b) one is to provide expert advice on dental care
to be provided by registered dental
auxiliaries and other persons employed as
25 dental assistants;
(c) one is to provide expert advice on dental care
to be provided by registered dental
prosthetists and other persons qualified as
dental technicians.
30 (2) The Board may establish any other advisory
committee for the purposes of providing the Board
with expert advice on dental care matters
determined by the Board.
83. Membership of committees
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(1) The members of a committee are to be appointed
by the Board.
(2) The chairperson is to be a member of the Board
who--
5 (a) in the case of the committee established
under section 82(1)(a), is a registered dental
specialist;
(b) in the case of the committee established
under section 82(1)(b), is a registered dental
10 auxiliary;
(c) in the case of the committee established
under section 82(1)(c), is a registered dental
prosthetist.
84. Payment of members
15 (1) A member of a committee, other than a member
who is an employee under Part 3 of the Public
Sector Management and Employment Act
1998, is entitled to receive the fees that are fixed
from time to time by the Governor in Council for
20 that member.
(2) Each member of a committee is entitled to receive
the allowances that are fixed from time to time by
the Governor in Council.
(3) The Governor in Council may fix these fees or
25 allowances by reference to any directions given
by the Commissioner of Public Employment
under the Public Sector Management and
Employment Act 1998.
85. Staff
30 The Board may employ a person to be responsible
for maintaining the register and any other persons
that are necessary for the purposes of
administering this Act.
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86. Delegation
The Board may, in writing, delegate to--
(a) a member of the Board; or
(b) the person responsible for maintaining the
5 register or any other member of the staff of
the Board--
its powers and functions under this Act, other
than--
(c) the power to refuse to grant or refuse to
10 renew registration; or
(d) the power to impose or to amend, vary or
revoke any condition, limitation or
restriction on registration; or
(e) the power to conduct any hearing or to make
15 any determination under Part 2 or Part 3; or
(f) this power to delegate.
_______________
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s. 87
Act No.
PART 7--REPORTING AND FINANCIAL PROVISIONS
87. Dental Practice Board Fund
(1) The Board must establish and keep a Dental
Practice Board Fund.
5 (2) All fees, fines and penalties paid or recovered by
the Board under this Act must be paid into the
Fund.
(3) The Board must pay any other money received by
it into the Fund, including income from the
10 investments of the Fund.
(4) Out of the Fund, the Board must pay--
(a) the expenses incurred by it in carrying out its
functions, powers and duties; and
(b) any other expenses incurred in the
15 administration of this Act; and
(c) any payments to be made to members of the
Board and committees under this Act and
any payments to be made to other persons
under this Act; and
20 (d) any other payments recommended by the
Board and approved by the Minister.
88. Investment powers
The Board may invest money credited to the Fund
that it does not immediately require--
25 (a) in any manner in which money may be
invested under the Trustee Act 1958; or
(b) in any other manner that the Minister
approves.
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89. Repayment of advances
(1) The Board must pay into the public account the
amounts that the Minister administering section
14 of the Financial Management Act 1994, in
5 consultation with the Treasurer, determines are
required to repay advances from the Public
Account for the establishment and operation of the
Board, including costs incurred before the
establishment of the Board to ensure that, when
10 established, it can operate in a fully effective way.
(2) Payments under sub-section (1) must be made in
accordance with any other terms and conditions
from time to time determined by the Minister
administering section 14 of the Financial
15 Management Act 1994 in consultation with the
Treasurer.
(3) The Board must, as and when directed to do so by
the Minister administering section 14 of the
Financial Management Act 1994, provide a plan
20 for the repayment of advances referred to in sub-
section (1).
(4) The Board must, at least once in each period of
6 months after the commencement of this section,
and at any other time that the Minister
25 administering section 14 of the Financial
Management Act 1994 directs it to do so, report
to that Minister in writing on its progress in
making payments under sub-section (1).
_______________
30
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PART 8--ENFORCEMENT AND SUPPLEMENTARY
POWERS
90. Proceedings for offences
(1) The person responsible for maintaining the
5 register or any other officer authorised by the
Board may take proceedings under this Act in the
name of the Board.
(2) Any prosecution instituted in the name of the
Board must, in the absence of evidence to the
10 contrary, be taken to have been instituted by the
Board.
91. Identification
(1) The Board must issue an identification card to
each person appointed by the Board to apply for
15 or execute search warrants for the purposes of this
Act.
(2) A person appointed by the Board must, in the
course of performing his or her functions under
this Act, produce his or her identification card to
20 any person who requests its production.
92. Powers of entry with warrant
(1) A person appointed for that purpose by the Board
may apply to a magistrate for the issue of a search
warrant in relation to particular premises if that
25 person believes, on reasonable grounds--
(a) that there is or has been a contravention of
this Act or the regulations on the premises;
or
(b) that entry into or onto the premises is
30 necessary for the purpose of investigating a
complaint made under this Act which, if
substantiated, may provide grounds for the
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suspension or cancellation of registration of
a dental care provider.
(2) If a magistrate is satisfied by evidence on oath,
whether oral or by affidavit, that there are
5 reasonable grounds for suspecting that there is on
the premises a particular thing that may be
evidence of the commission of an offence against
this Act or the regulations or of grounds for the
suspension or cancellation of the registration of a
10 dental care provider, the magistrate may issue a
search warrant authorising any person named in
the warrant--
(a) to enter the premises or the part of the
premises named or described in the warrant;
15 and
(b) to search for and seize a thing named or
described in the warrant; and
(c) to bring the thing before the Court so that the
matter may be dealt with according to law.
20 (3) In addition to any other requirement, a search
warrant issued for the purposes of this section
must state--
(a) the offence or grounds of suspension or
cancellation suspected; and
25 (b) the premises to be searched; and
(c) the name or a description of the thing to be
searched for; and
(d) any conditions to which the warrant is
subject; and
30 (e) whether entry is authorised to be made at any
time or during stated hours; and
(f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
have effect.
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(4) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and in a
form prescribed under that Act.
(5) The rules to be observed with respect to search
5 warrants mentioned in the Magistrates' Court
Act 1989 extend and apply to warrants under this
section.
93. Announcement before entry
(1) Immediately before executing a search warrant, a
10 person named in the warrant must announce that
he or she is authorised by the warrant to enter the
premises.
(2) The person need not comply with sub-section (1)
if he or she believes on reasonable grounds that
15 immediate entry to the premises is required to
ensure the safety of any person or that the
effective execution of the search warrant is not
frustrated.
94. Copy of warrant to be given to occupier
20 If the occupier or another person who apparently
represents the occupier is present at premises
when a search warrant is being executed, the
person or persons named in the warrant must--
(a) identify themselves to that person by
25 producing their identification card for
inspection by that person; and
(b) give to that person a copy of the execution
copy of the warrant.
95. Copies or receipts to be given
30 (1) If a person seizes--
(a) a document, disk or tape or other thing that
can be readily copied; or
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s. 96
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(b) a storage device the information in which
can be readily copied--
under a warrant the person, on request by the
occupier, must give a copy of the thing or
5 information to the occupier as soon as practicable
after the seizure.
(2) If a person seizes a thing under a warrant and has
not provided a copy of the thing or information
under sub-section (1) the person must provide a
10 receipt for that thing as soon as practicable after
the seizure.
96. Powers of Board in relation to fees
(1) In the case of any fee which the Board is
empowered to fix under this Act--
15 (a) the Board must fix the fee for a period of
12 months and may amend or vary the fee at
the end of that period; and
(b) the Board may fix a different fee for a
different case and may allow for the
20 reduction, waiver or refund, in whole or in
part, of any fee; and
(c) the Board must publish any fee it has fixed
in a newspaper circulating generally
throughout Victoria and in the Government
25 Gazette.
(2) In fixing fees under this Act the Board is entitled
to ensure that the amount of money collected in
fees under this Act is sufficient to cover the cost
to the Board of administering this Act.
30 _______________
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s. 97
Act No.
PART 9--MISCELLANEOUS
97. Supreme Court--limitation of jurisdiction
It is the intention of section 55(3) to alter or vary
section 85 of the Constitution Act 1975.
5 98. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) registration, including conditions of
registration, periods of registration, and
10 renewal of registration, and applications for
registration, and renewal of registration;
(b) the register, including particulars to be noted
on the register and the manner of keeping the
register;
15 (c) forms for the purposes of this Act;
(d) time limits for the purposes of this Act;
(e) penalties, not exceeding 10 penalty units, for
breaches of the regulations;
(f) any matter or thing required or permitted to
20 be prescribed or necessary to be prescribed
to give effect to this Act.
(2) The regulations--
(a) may be of general or limited application; and
(b) may differ according to differences in time,
25 place or circumstance; and
(c) may apply, adopt or incorporate any matter
contained in any document, code, standard,
rule, specification or method, formulated,
issued, prescribed or published by any
30 person whether--
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s. 98
Act No.
(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations are
5 made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time; and
(d) may confer a discretionary authority on a
specified person.
10 _______________
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s. 99
Act No.
PART 10--SAVINGS, TRANSITIONAL AND REPEAL
99. Definitions
In this Part--
"new Board" means the Dental Practice Board of
5 Victoria established under this Act;
"old Committee" means the Dental Technicians
Licensing Committee established under the
Dental Technicians Act 1972 and the
Specialists Practitioners Qualification
10 Committee established under the Dentists
Act 1972;
"old Board" means the Dental Board of Victoria
established under the Dentists Act 1972 and
the Advanced Dental Technicians
15 Qualifications Board established under the
Dental Technicians Act 1972;
"repealed Act" means an Act, repealed by
section 100, as in force immediately before
its repeal.
20 100. Repeal
No. 8287.
(1) The Dentists Act 1972 is repealed.
No. 8366.
(2) The Dental Technicians Act 1972 is repealed.
101. New Board succeeds old Boards and Committees
(1) On the commencement of this section--
25 (a) except for the purpose of giving effect to
section 102, the old Boards and Committees
are abolished and their members go out of
office; and
(b) any rights, assets, liabilities and obligations
30 of the old Boards and Committees,
immediately before their abolition, become
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s. 102
Act No.
assets, liabilities and obligations of the new
Board; and
(c) the new Board is substituted for an old Board
or Committee as a party in any proceeding,
5 contract, agreement or arrangement
commenced or made by, against or in
relation to the old Board or Committee; and
(d) the new Board may continue and complete
any other continuing matter or thing
10 commenced by, against or in relation to an
old Board or Committee.
(2) The assets that become assets of the new Board
under sub-section (1)--
(a) if they are moneys or amounts standing to
15 the credit of any fund or account of an old
Board or Committee, must be taken to form
part of the Dental Practice Board Fund; and
(b) if they are assets in which the funds of an old
Board or Committee have been invested,
20 must be taken to be investments of the
Dental Practice Board Fund.
102. Proceedings before the old Board
(1) If an investigation or inquiry into the activities of
a registered dentist or a licensed dental auxiliary
25 under the Dentists Act 1972 or a licensed
advanced dental technician under the Dental
Technicians Act 1972 has commenced but not
been completed before the commencement of
Part 3 of this Act--
30 (a) that investigation or inquiry may be
completed on and after that date; and
(b) any appeal or other further proceedings
which might have been taken in relation to
that investigation or inquiry under the
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s. 103
Act No.
repealed Act may be taken on and after that
date--
by the old Board or Committee as if this Act had
not been enacted.
5 (2) The new Board must give effect to a decision
made on an inquiry, investigation or appeal
completed by the old Board or Committee as if it
were a decision under this Act.
(3) Members of the old Board or Committee who are
10 required to complete an investigation or inquiry
referred to in sub-section (1) or to take an appeal
or other further proceedings referred to in sub-
section (1) are entitled to be paid under and in
accordance with the repealed Act.
15 103. Application of this Act to conduct occurring before
commencement of this Act
(1) In the case of activities of a person who is deemed
by section 104 to be a registered dental care
provider under this Act which occurred before the
20 commencement of Part 3 and in respect of which
no proceedings have been commenced under a
repealed Act, this Act applies to the extent that
there was power to conduct an inquiry under the
repealed Act into those activities.
25 (2) Any determination or outcome of a hearing into
those activities must be one which would have
been available as a finding or decision in an
inquiry by the Board under the repealed Act.
(3) This section does not apply to activities which are
30 the subject of proceedings to which section 102
applies.
104. Existing registrations
(1) A person who was, immediately before the
commencement of Part 2 of this Act--
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s. 104
Act No.
(a) registered as a dentist under the Dentists Act
1972 is deemed to be a registered dentist
under this Act;
(b) registered as a specialist practitioner in a
5 special branch of dentistry under the
Dentists Act 1972 is deemed to be a
registered dental specialist under this Act in
that special branch of dentistry;
(c) licensed as a dental hygienist under the
10 Dentists Act 1972 is deemed to be a
registered dental auxiliary in the subdivision
of dental hygienists under this Act;
(d) licensed as a dental therapist under the
Dentists Act 1972 is deemed to be a
15 registered dental auxiliary in the subdivision
of dental therapists under this Act;
(e) licensed as an advanced dental technician
under the Dental Technicians Act 1972 is
deemed to be a registered dental prosthetist
20 under this Act.
(2) If a person is deemed to be registered under this
section, and the registration or licensing of that
person under a repealed Act, immediately before
the commencement of this section, was
25 suspended, the registration of that person under
this Act is deemed to be suspended for the
remainder of the period for which that person's
registration would have been suspended under the
repealed Act.
30 (3) If a person is deemed to be registered under this
section, and the registration of that person under
the repealed Act, immediately before the
commencement of this section, was subject to a
condition, limitation or restriction, the registration
35 of that person under this Act is deemed to be
subject to the same condition, limitation or
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s. 105
Act No.
restriction as that to which the registration under
the repealed Act was subject.
(4) The registration of a person who is deemed to be
registered under this section expires (unless
5 sooner cancelled) at the end of the period for
which the person was registered under the
repealed Act.
105. References
Unless inconsistent with the context or subject
10 matter, a reference in any Act (other than this Act)
or in any subordinate instrument within the
meaning of the Interpretation of Legislation Act
1984 to--
(a) an advanced dental technician licensed under
15 the Dental Technicians Act 1972 who is
deemed by section 104 to be registered under
this Act is to be taken to be a reference to a
registered dental prosthetist under this Act;
(b) a dental hygienist licensed under the
20 Dentists Act 1972 who is deemed by section
104 to be registered under this Act is to be
taken to be a reference to a registered dental
auxiliary in the subdivision of dental
hygienists under this Act;
25 (c) a dental therapist licensed under the Dentists
Act 1972 who is deemed by section 104 to
be registered under this Act is to be taken to
be a reference to a registered dental auxiliary
in the subdivision of dental therapists under
30 this Act;
(d) a dentist registered under the Dentists Act
1972 who is deemed by section 104 to be
registered under this Act is to be taken to be
a reference to a registered dentist under this
35 Act;
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s. 106
Act No.
(e) a dentist registered under the Dentists Act
1972 as a specialist practitioner in a special
branch of dentistry who is deemed by section
104 to be registered under this Act is to be
5 taken to be a reference to a registered dental
specialist under this Act;
(f) an old Board or Committee in relation to a
dental care provider is to be taken to be a
reference to the new Board.
10 106. Preparation of annual report
The new Board shall prepare the annual reports
that the old Boards and Committee would have
been required to prepare under the Financial
Management Act 1994 in respect of any part of a
15 financial year during which the old Board or
Committee operated.
107. Consequential amendments
On the coming into operation of an item in the
Schedule, the Act specified in the heading to that
20 item is amended as set out in that item.
__________________
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Sch.
Act No.
SCHEDULE
CONSEQUENTIAL AMENDMENTS
1. Crimes Act 1958
In section 464(2), for the definition of "dentist"
5 substitute--
' "dentist" means a registered dentist within the meaning of
the Dental Practice Act 1999'.
2. Drugs, Poisons and Controlled Substances Act 1981
In section 4(1) for the definition of "dentist" substitute--
10 ' "dentist" means a registered dentist within the meaning of
the Dental Practice Act 1999'.
3. Evidence Act 1958
In section 107A(1) for paragraph (q) substitute--
"(q) a registered dentist within the meaning of the Dental
15 Practice Act 1999".
4. Health Services Act 1988
In section 3(1), the definition of "dentist" is repealed.
5. Health Services (Conciliation and Review) Act 1987
In the Schedule for--
20 "Dental Board of Victoria
Dental Technicians Licensing Committee
Advanced Dental Technicians Qualifications Board"
substitute--
"Dental Practice Board of Victoria".
25 6. Medical Practice Act 1994
In section 37(2) for paragraph (c) substitute--
"(c) a registered dental care provider within the meaning
of the Dental Practice Act 1999;".
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Sch.
Act No.
7. Pathology Services Accreditation Act 1984
For section 30(2)(b) substitute--
"(b) a registered dentist within the meaning of the Dental
Practice Act 1999 on behalf of a patient of that
5 dentist in the course of the dentist's practice as such--
".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
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