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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Dental Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Application 6
Part 2 -- Dental Board and
committees
Division 1 -- The Board
5. Board established 7
6. Membership of Board 7
7. Presiding member and deputy presiding member 8
8. Constitution and proceedings 8
9. Remuneration and allowances 8
Division 2 -- Functions and powers
10. Functions 8
11. Powers 9
12. Delegation by Board 9
Division 3 -- Relationship of Board with
Minister
13. Directions by Minister 9
14. Minister to have access to information 10
Division 4 -- Committees
15. Committees 11
16. Provisions relating to committees 11
Division 5 -- Registrar and other staff
17. Registrar 12
18. Other staff 12
113--2B page i
Dental Bill 2005
Contents
Division 6 -- General
19. Duty not to make improper use of information 13
20. Meetings and minutes of meetings 13
21. Execution of documents by Board 14
Part 3 -- Finance and reports
22. Funds of the Board 16
23. Accounts 16
24. Audit 17
25. Annual report and other reports 17
Part 4 -- Registration of dentists,
dental prosthetists, dental
hygienists, dental therapists and
school dental therapists
Division 1 -- Registration
26. Natural persons may be registered 19
27. Registration 19
28. Provisional registration 21
29. Conditional registration at the discretion of the
Board 22
30. Professional indemnity insurance 24
31. Application 25
32. Effect of registration 25
33. Duration of registration 25
34. Renewal of registration 26
35. Application for registration by a person whose
registration has been cancelled under
section 82(1)(i) 27
Division 2 -- Employment of dental hygienists,
dental therapists and school dental
therapists
36. Acts which may be performed by dental hygienists 27
37. Acts which may be performed by dental therapists 28
38. Direction and control of dental hygienists and
dental therapists 29
39. Acts which may be performed by school dental
therapists 30
page ii
Dental Bill 2005
Contents
Division 3 -- The register
40. The register 30
41. Inspection of register 31
42. Certificate of registration 32
43. Voluntary removal from register and cancellation
of registration 32
44. Removal of name and cancellation of registration
of person in certain circumstances 32
45. Effect of removal of name from register 33
Division 4 -- Notifications to Board
46. Change of address 33
47. Loss of qualifications 34
48. Insolvency 34
49. Civil or criminal proceedings 34
50. Information about professional indemnity
insurance 36
Part 5 -- Disciplinary and
impairment matters
Division 1 -- Preliminary
51. Disciplinary matters 37
52. Impairment matters 38
Division 2 -- Committees
53. Complaints assessment committee 38
54. Impairment review committee 39
Division 3 -- Complaints
55. Complaints 40
56. Complaints assessment committee to determine
action required 41
57. Complaints assessment committee may reject
certain complaints 41
Division 4 -- Summary orders of Board
58. Interim orders by Board 42
59. Complaint dealt with summarily to be referred to
the State Administrative Tribunal 44
60. Complaint not dealt with summarily to be referred
to relevant committee 44
page iii
Dental Bill 2005
Contents
Division 5 -- Disciplinary matters
61. Investigation and recommendation 45
62. Role of Board 46
63. Alternative to making allegation to the State
Administrative Tribunal 46
Division 6 -- Impairment matters
64. Request by registered person for imposition of
condition 48
65. Revocation of condition 48
66. Investigation 49
67. Registered person to be notified about
investigation 49
68. Examination 49
69. Report of examination 50
70. Role of the impairment review committee 51
71. Recommendation 51
72. Role of Board 52
Division 7 -- Investigator's role and powers
73. Interpretation 53
74. Investigator 53
75. Report of investigator 53
76. Powers of investigator 54
77. Warrant to enter premises 56
78. Issue of warrant 56
79. Execution of warrant 57
Division 8 -- Conciliation
80. Conciliation process 58
81. Action if conciliation fails 59
Division 9 -- Role of the State Administrative
Tribunal
82. Powers of the State Administrative Tribunal on
dealing with a disciplinary matter 59
83. Powers of the State Administrative Tribunal on
dealing with an impairment matter 61
Division 10 -- Dental students
84. Impaired ability to participate in dental training 62
85. Referral to impairment review committee 63
86. Powers of State Administrative Tribunal in relation
to dental student 65
page iv
Dental Bill 2005
Contents
Division 11 -- Miscellaneous
87. Suspension 66
88. Costs and recovery 66
Part 6 -- Offences
89. Persons who may practise dentistry or dental
prosthetics 67
90. Persons who may be employed or engaged to
practise dentistry or dental prosthetics 67
91. Exceptions to sections 89 and 90 68
92. Persons who may perform acts of dentistry 69
93. Restrictions relating to full or partial artificial
dentures 70
94. Use of certain titles or pretending to be registered 70
95. Information relating to certain business structures 71
96. Undue influence 72
97. Persons may be prohibited from providing etc.
dentistry or dental prosthetics 72
98. Failure to comply with disciplinary action 74
99. False or misleading information 74
100. Offences in relation to investigation 75
101. Obstruction of investigator 76
102. Assistance to execute warrant 76
103. Surrender of certificate 77
104. Incriminating information, questions, or documents 77
105. Legal professional privilege 78
Part 7 -- Codes of practice, rules and
regulations
106. Codes of practice 79
107. Rules 79
108. Regulations 81
109. Forms 82
Part 8 -- Miscellaneous
110. Protection 83
111. Notice of decision to be given 83
112. Review 84
113. Publication of proceedings etc. 84
114. Legal proceedings 85
page v
Dental Bill 2005
Contents
115. Liability of certain officers of body corporate:
offences 86
116. Review of Act 87
117. Repeals 88
118. Transitional and savings provisions 88
119. Consequential amendments 88
Schedule 1 -- Constitution and
proceedings of the Board
Division 1 -- General provisions
1. Term of office 89
2. Functions of deputy presiding member 89
3. Deputy members 89
4. Vacation of office by member 90
5. General procedure concerning meetings 90
6. Voting 91
7. Holding meetings remotely 91
8. Resolution without meeting 91
9. Minutes 91
Division 2 -- Disclosure of interests etc.
10. Meaning of "member" 92
11. Disclosure of interests 92
12. Exclusion of interested member 92
13. Board or committee may resolve that clause 12
inapplicable 92
14. Quorum where clause 12 applies 93
15. Minister may declare clause 12 or 14 inapplicable 93
Schedule 2 -- Transitional and
savings
Division 1 -- Preliminary
1. Terms used in this Schedule 94
2. Interpretation Act 1984 not affected 94
Division 2 -- Transitional and savings
provisions relating to the repealed Dental
Act
3. The Board continues 94
4. Board members 95
5. The registrar and other staff 95
page vi
Dental Bill 2005
Contents
6. Persons registered under the repealed Dental Act 95
7. Register 96
8. Registration certificates issued under the repealed
Dental Act 96
9. Licences issued under the repealed Dental Act 96
10. Restoration of certain names to the register 96
11. Suspensions 97
12. Undertakings under the repealed Dental Act 97
13. Allegations being dealt with by the former Board 97
14. Investigations 97
15. Disciplinary proceedings 97
16. Failure to comply with an order made under the
repealed Dental Act 98
17. Annual report for part of a year 98
Division 3 -- Transitional and savings
provisions relating to the repealed Dental
Prosthetists Act
18. Persons licensed under the repealed Dental
Prosthetists Act 98
19. Licences issued under the repealed Dental
Prosthetists Act 99
20. Suspension under the repealed Dental
Prosthetists Act section 21 99
21. Records kept under the repealed Dental
Prosthetists Act section 23 99
Division 4 -- General
22. Powers in relation to transitional provision 100
Schedule 3 -- Consequential
amendments
1. Civil Liability Act 2002 amended 101
2. Constitution Acts Amendment Act 1899 amended 101
3. Co-opted Medical and Dental Services for the
Northern Portion of the State Act 1951 amended 102
4. Criminal Injuries Compensation Act 2003
amended 102
5. Criminal Investigation (Identifying People)
Act 2002 amended 102
6. Guardianship and Administration Act 1990
amended 103
page vii
Dental Bill 2005
Contents
7. Health Act 1911 amended 103
8. Health Professionals (Special Events Exemption)
Act 2000 amended 103
9. Health Services (Conciliation and Review)
Act 1995 amended 103
10. Juries Act 1957 amended 104
11. Medical Act 1894 amended 104
12. Misuse of Drugs Act 1981 amended 104
13. Pharmacy Act 1964 amended 104
14. Physiotherapists Act 1950 amended 105
15. Poisons Act 1964 amended 105
16. Psychologists Registration Act 1976 amended 106
17. Sentencing Act 1995 amended 106
18. State Administrative Tribunal Act 2004 amended 106
Defined Terms
page viii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Dental Bill 2005
A Bill for
An Act to --
· provide for the regulation of the practice of dentistry;
· provide for the registration of persons as dentists, dental
hygienists, dental prosthetists, dental therapists and school dental
therapists;
· repeal the Dental Act 1939 and the Dental Prosthetists Act 1985;
· make consequential amendments to various Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Dental Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Dental Act 2005.
2. Commencement
5 (1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Terms used in this Act
In this Act, unless the contrary intention appears --
10 "application" means an application for registration;
"approved" means approved by the Board in writing;
"Board" means the Dental Board of Western Australia
established by section 5;
"certificate of registration" means a certificate of registration
15 issued under section 42;
"committee" means a committee established by the Board
under this Act;
"complainant" means a person who lodges a complaint under
section 55(1) or (2);
20 "complaint" means --
(a) a complaint lodged under section 55(1) or (2);
(b) a complaint referred under section 55(3);
(c) a matter the complaints assessment committee has
determined under section 55(4) to deal with as if it
25 were a complaint; and
(d) a matter the Board has referred to the impairment
review committee under section 64(3);
"complaints assessment committee" means the committee
established under section 53;
page 2
Dental Bill 2005
Preliminary Part 1
s. 3
"condition" includes restriction;
"Corporations Act" means the Corporations Act 2001 of the
Commonwealth;
"dental hygienist" means a person who is registered under
5 section 27 as a dental hygienist;
"dental prosthetics" means --
(a) giving of advice to, or attendance upon, a person for
or in connection with, or in preparation for, fitting,
constructing, inserting, repairing or renewing a full or
10 partial artificial denture or mouthguard;
(b) fitting, constructing, inserting, repairing or renewing
a full or partial artificial denture or mouthguard; and
(c) taking an impression of a jaw for the purpose of
fitting or constructing a full or partial artificial
15 denture or mouthguard,
but does not include any adjustment or alteration to the
natural teeth or any tissue of the mouth;
"dental prosthetist" means a person who is registered under
section 27 as a dental prosthetist;
20 "dental student" means a person who is enrolled as a student in
a course at a tertiary institution in this State and is studying
for a qualification for registration as a dentist referred to in
section 27(2)(f);
"dental therapist" means a person who is registered under
25 section 27 as a dental therapist;
"dentist" means a person who is registered under section 27 as
a dentist;
"dentistry" means --
(a) an operation on or service in connection with the
30 human teeth or jaws and associated structures;
(b) artificial restoration of human jaws or teeth;
(c) treating a dental disease or lesion;
(d) correcting malpositions in human teeth or jaws;
page 3
Dental Bill 2005
Part 1 Preliminary
s. 3
(e) an operation, treatment or service on or to a person
preparatory to or for the purpose of or in connection
with fitting, inserting or fixing artificial teeth or a full
or partial artificial denture;
5 (f) fitting, constructing, inserting, repairing or renewing
a full or partial artificial denture or mouthguard; or
(g) a dental service, act or operation of any kind or
nature;
"department" means the department principally assisting the
10 Minister in the administration of this Act;
"Director" means the Director of the Office of Health Review
under the Health Services (Conciliation and Review)
Act 1995;
"disciplinary matter" means a matter referred to in section 51;
15 "document" includes any tape, disc or other device or medium
on which information is recorded or stored;
"full artificial denture" means a removable dental prosthesis
that replaces all of the natural dentition of the upper jaw or
the lower jaw;
20 "impairment" means --
(a) mental disability;
(b) injury;
(c) physical illness;
"impairment matter" means a matter referred to in section 52;
25 "impairment review committee" means any committee
established under section 54;
"investigator" means a person appointed under section 74;
"legal practitioner" has the meaning given to that term in the
Legal Practice Act 2003 section 3;
30 "medical practitioner" means a medical practitioner registered
under the Medical Act 1894;
"member of the Board" includes a person acting under
Schedule 1 clause 3;
page 4
Dental Bill 2005
Preliminary Part 1
s. 3
"officer", in relation to a body corporate, has the meaning given
to "officer of a corporation" in the Corporations Act
section 9 but does not include an employee of the body
corporate unless the employee is concerned in the
5 management of the body corporate;
"partial artificial denture" means a removable dental
prosthesis that replaces part of the natural dentition of the
upper jaw or the lower jaw;
"presiding member" means the presiding member of the Board
10 referred to in section 7;
"register" means the register referred to in section 40;
"registered" means registered by the Board under this Act;
"registered person" means a dentist, dental hygienist, dental
prosthetist, dental therapist or school dental therapist;
15 "registrar" means the person engaged or employed to be
registrar under section 17;
"registration" includes renewal of registration;
"respondent" means a person the subject of a complaint;
"school dental service" means --
20 (a) the service established under the Health Act 1911
section 337A(1); and
(b) dental care and treatment for preschool and school
children provided by the Dental Health Services
under the Hospitals and Health Services Act 1927;
25 "school dental therapist" means a person who is registered
under section 27 as a school dental therapist;
"type of registration" means registration as --
(a) a dentist;
(b) a dental hygienist;
30 (c) a dental prosthetist;
(d) a dental therapist; or
(e) a school dental therapist.
page 5
Dental Bill 2005
Part 1 Preliminary
s. 4
4. Application
This Act does not apply to, or in respect of, or in any way
affect --
(a) a medical practitioner who performs an act of dentistry,
5 other than --
(i) preparing a cavity in a tooth, with a view to the
permanent restoration of the tooth; or
(ii) fitting, inserting or fixing artificial teeth,
artificial restoration of teeth or the mechanical
10 construction of artificial dentures;
or
(b) a person who, without remuneration, extracts a tooth, for
the immediate relief of pain, at a place that is more than
100 kilometres by road from the nearest practising
15 dentist.
page 6
Dental Bill 2005
Dental Board and committees Part 2
The Board Division 1
s. 5
Part 2 -- Dental Board and committees
Division 1 -- The Board
5. Board established
(1) A body called the Dental Board of Western Australia is
5 established.
(2) The Board --
(a) is a body corporate;
(b) has perpetual succession and a common seal; and
(c) may sue and be sued in its corporate name.
10 (3) The Board does not represent, and is not an agent of, the Crown.
6. Membership of Board
(1) The Board consists of 11 members appointed by the Minister, of
whom --
(a) 4 are to be dentists;
15 (b) one is to be a dentist who is the head of or a senior
member of the staff of the School of Dentistry,
University of Western Australia;
(c) one is to be a person nominated by the chief executive
officer who is --
20 (i) a dentist; and
(ii) a public service officer, as defined in the Public
Sector Management Act 1994 section 3(1);
(d) 2 are to be dental prosthetists;
(e) one is to be a dental hygienist or dental therapist;
25 (f) one is to be a person who has knowledge of and
experience in representing the interests of consumers;
and
(g) one is to be a legal practitioner.
(2) Each member of the Board is to be a natural person.
page 7
Dental Bill 2005
Part 2 Dental Board and committees
Division 2 Functions and powers
s. 7
7. Presiding member and deputy presiding member
The presiding member and the deputy presiding member of the
Board are to be elected by the Board from amongst its members.
8. Constitution and proceedings
5 Schedule 1 has effect with respect to the constitution and
proceedings of the Board.
9. Remuneration and allowances
A member of the Board, or of a committee, is to be paid such
remuneration and allowances (if any) as the Minister, on the
10 recommendation of the Minister for Public Sector Management,
determines from time to time.
Division 2 -- Functions and powers
10. Functions
The functions of the Board are as follows --
15 (a) to advise the Minister on matters to which this Act
applies;
(b) to administer the scheme of registration under Part 4;
(c) to support and promote public education and research in
relation to dentistry and dental prosthetics;
20 (d) to monitor education in dentistry and dental prosthetics,
and provide advice on that education to the Minister and
to any other person or body involved in that education;
(e) to promote and encourage --
(i) the continuing education of dentists or dental
25 prosthetists in the practice of dentistry or dental
prosthetics;
(ii) increased levels of skills, knowledge and
competence in dentistry and dental prosthetics;
(iii) the continuing education of dental hygienists,
30 dental therapists or school dental therapists in the
acts of dentistry that they may perform; and
page 8
Dental Bill 2005
Dental Board and committees Part 2
Relationship of Board with Minister Division 3
s. 11
(iv) increased levels of skills, knowledge and
competence in the acts of dentistry that may be
performed by dental hygienists, dental therapists
and school dental therapists;
5 and
(f) to perform other functions that are conferred on the
Board under this Act or any other Act.
11. Powers
The Board has all the powers it needs to perform its functions.
10 12. Delegation by Board
(1) The Board may delegate any power or duty of the Board under
another provision of this Act to --
(a) a member of the Board;
(b) a committee or a member of a committee; or
15 (c) the registrar.
(2) The delegation must be in writing executed by the Board.
(3) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been
20 delegated to the person under this section is to be taken to do so
in accordance with the terms of the delegation unless the
contrary is shown.
(5) Nothing in this section limits the ability of the Board to perform
a function through the registrar or any other member of staff or
25 an agent.
Division 3 -- Relationship of Board with Minister
13. Directions by Minister
(1) Subject to subsection (2), the Minister may, after consulting
with the Board, give directions in writing to the Board with
30 respect to the performance of its functions either generally or in
page 9
Dental Bill 2005
Part 2 Dental Board and committees
Division 3 Relationship of Board with Minister
s. 14
relation to a particular matter, and the Board is to give effect to
any such direction.
(2) The Minister must not under subsection (1) direct the Board
with respect to the performance of its functions in respect of --
5 (a) a particular person;
(b) a particular qualification; or
(c) a particular application, complaint or proceeding.
(3) The text of a direction given under subsection (1) must be --
(a) laid before each House of Parliament within 14 sitting
10 days of that House after the direction is given; and
(b) included in the annual report submitted by the Board
under section 25(1).
14. Minister to have access to information
(1) In this section --
15 "information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
Board.
(2) The Minister is entitled --
(a) to have information in the possession of the Board; and
20 (b) if the information is in or on a document, to have, and
make and retain copies of, that document.
(3) For the purposes of subsection (2) the Minister may --
(a) request the Board to furnish information to the Minister;
(b) request the Board to give the Minister access to
25 information;
(c) for the purposes of paragraph (b) make use of the staff
of the Board to obtain the information and furnish it to
the Minister.
(4) The Board is to comply with a request under subsection (3) and
30 make its staff and facilities available to the Minister for the
purposes of subsection (3)(c).
page 10
Dental Bill 2005
Dental Board and committees Part 2
Committees Division 4
s. 15
(5) The Minister is not entitled to have information under this
section in a form that --
(a) discloses the identity of a person involved in a particular
application, complaint, investigation or other
5 proceeding; or
(b) might enable the identity of any such person to be
ascertained,
unless that person has consented to the disclosure.
Division 4 -- Committees
10 15. Committees
(1) In addition to the complaints assessment committee and the
impairment review committee the Board may from time to time
establish any other committee.
(2) The Board may --
15 (a) determine the functions, membership and constitution;
(b) appoint such members and other persons as it thinks fit
to be members; and
(c) give directions with respect to the functions and
procedures,
20 of a committee established under this section.
(3) A committee is to comply with a direction given to it under
subsection (2)(c).
(4) At the request of the Board, a committee established under this
section is to report on the performance of its functions to the
25 Board, in accordance with the Board's request.
16. Provisions relating to committees
(1) Each member of a committee is to be a natural person.
(2) The Board may remove a person from membership of a
committee and may reconstitute or discharge a committee
30 established by the Board.
page 11
Dental Bill 2005
Part 2 Dental Board and committees
Division 5 Registrar and other staff
s. 17
(3) A committee is to ensure that an accurate record is kept and
preserved of the proceedings of each meeting of the committee
and of each resolution passed by the committee.
(4) Subject to this Act, a committee may determine its own
5 procedures.
(5) A person with special knowledge or experience may be invited
to act in an advisory capacity to a committee if the committee is
of the opinion that the person will assist the committee in the
performance of its functions and the Board has approved the
10 invitation.
Division 5 -- Registrar and other staff
17. Registrar
(1) The Board is to engage or employ a person to be the registrar.
(2) The registrar has the functions that are conferred under this Act
15 or that the Board directs the registrar to perform.
(3) The registrar may delegate to a person engaged or employed by
the Board any power or duty of the registrar under another
provision of this Act.
(4) The delegation must be in writing executed by the registrar.
20 (5) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(6) A delegate exercising or performing a power or duty that has
been delegated to the person under this section is to be taken to
do so in accordance with the terms of the delegation unless the
25 contrary is shown.
18. Other staff
The Board may engage or employ persons to provide such
professional, technical or other assistance that the Board
considers necessary to enable it to perform its functions.
page 12
Dental Bill 2005
Dental Board and committees Part 2
General Division 6
s. 19
Division 6 -- General
19. Duty not to make improper use of information
A member or former member of the Board or a member or
former member of a committee must not, whether within or
5 outside the State, make improper use of information acquired by
virtue of that position to gain, directly or indirectly, an
advantage for himself or herself or for any other person.
Penalty: $5 000.
20. Meetings and minutes of meetings
10 (1) Subject to this section, every meeting of the Board is to be open
to members of the public.
(2) Despite subsection (1) --
(a) the Board may of its own initiative order that in any
particular case a meeting, or part of a meeting, of the
15 Board is to be closed; and
(b) where a meeting of the Board concerns a proceeding
under Part 5 relating to a disciplinary or impairment
matter, a person to whom the proceedings relate may
request that the meeting, or part of the meeting, be
20 closed.
(3) The Board is to consider a request under subsection (2)(b) and
may order that the meeting, or part of the meeting, be closed if it
is of the opinion that such an order is in the best interests of the
parties involved or the maintenance of professional standards.
25 (4) The minutes of a meeting of the Board are to be open for
inspection at its principal place of business by members of the
public during normal office hours without fee, other than
minutes relating to --
(a) proceedings under Part 5 relating to a disciplinary or
30 impairment matter;
(b) a matter determined to be confidential under
subsection (6); or
page 13
Dental Bill 2005
Part 2 Dental Board and committees
Division 6 General
s. 21
(c) a meeting, or part of a meeting, that the Board ordered
be closed under subsection (2)(a) or (3).
(5) A person may, on payment of the fee prescribed by the
regulations, if any, obtain a copy of any minutes of the Board
5 available for inspection under subsection (4).
(6) The Board may determine that a matter is confidential if it
considers that its disclosure is likely to infringe the reasonable
privacy of any person.
21. Execution of documents by Board
10 (1) The Board is to have a common seal.
(2) A document is duly executed by the Board, if --
(a) the common seal of the Board is affixed to it in
accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Board by a person or
15 persons authorised by the Board to do so under
subsection (5).
(3) The common seal of the Board is not to be affixed to any
document except as authorised by the Board.
(4) The common seal of the Board is to be affixed to a document in
20 the presence of 2 members of the Board and each of them is to
sign the document to attest that the common seal was so affixed.
(5) The Board may, by writing under its seal, authorise --
(a) a member or members of the Board; or
(b) a member or members of staff,
25 to sign documents on behalf of the Board, either generally or
subject to such conditions as are specified in the authorisation.
(6) A document executed under this section without the common
seal of the Board is not to be regarded as being a document
under seal.
page 14
Dental Bill 2005
Dental Board and committees Part 2
General Division 6
s. 21
(7) A document purporting to be executed in accordance with this
section is to be presumed to be duly executed until the contrary
is shown.
(8) When a document is produced bearing a seal purporting to be
5 the common seal of the Board, it is to be presumed that the seal
is the common seal of the Board until the contrary is shown.
page 15
Dental Bill 2005
Part 3 Finance and reports
s. 22
Part 3 -- Finance and reports
22. Funds of the Board
(1) The funds of the Board consist of --
(a) fees received by the Board;
5 (b) grants (if any) by the State, and all gifts and donations
made to the Board, but subject to any trusts declared in
relation to the grants, gifts or donations;
(c) penalties, costs and expenses received under section 63
or 88; and
10 (d) other money or property lawfully received by the Board
in connection with the performance of its functions.
(2) The funds of the Board may be applied --
(a) for the purposes of the administration and enforcement
of this Act, including the remuneration of members of
15 the Board and committees and of the registrar and other
persons engaged or employed by the Board;
(b) for the payment of examinations and reports in
accordance with section 68(3) or 84(4);
(c) for the furtherance of education, including public
20 education, and research in relation to dentistry and
dental prosthetics;
(d) by way of contribution to any professional body for
registered persons for the development by that body of
professional standards; and
25 (e) for any other purpose that the Board may recommend
and the Minister may approve to enable the Board to
perform its functions.
23. Accounts
(1) The Board is to cause to be kept proper accounts and records of
30 the transactions and affairs of the Board and is to prepare
financial statements in accordance with Australian Accounting
Standards.
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Finance and reports Part 3
s. 24
(2) The financial statements are to be prepared on an accrual basis
unless the Board determines otherwise.
24. Audit
The accounts and financial statements of the Board are to be
5 audited at least once a year, at the expense of the Board, by a
registered company auditor (as defined in paragraph (a) of the
definition of that term in the Corporations Act section 9)
appointed by the Board with the prior approval of the Minister.
25. Annual report and other reports
10 (1) The Board, not later than 31 December in each year, is to make
and submit to the Minister an annual report of its proceedings
for the preceding year ending on 30 June together with a copy
of its financial statements for that year and the auditor's report
on those statements.
15 (2) The Board's annual report must include details of --
(a) the number, nature, and outcome, of --
(i) investigations and inquiries undertaken under
this Act during the year to which the report
relates; and
20 (ii) matters that have been brought before the State
Administrative Tribunal by the Board during the
year to which the report relates;
(b) the number and nature of matters referred to in
paragraph (a) that are outstanding;
25 (c) any trends or special problems that may have emerged;
(d) forecasts of the workload of the Board in the year after
the year to which the report relates; and
(e) any proposals for improving the operation of the Board.
(3) The Minister is to cause a copy of the Board's annual report and
30 financial statements and of the auditor's report submitted under
subsection (1) to be laid before each House of Parliament within
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Dental Bill 2005
Part 3 Finance and reports
s. 25
14 sitting days of that House after receipt of the report by the
Minister.
(4) The Board is to ensure that after subsection (3) has been
complied with copies of the reports and statements referred to in
5 that subsection are available on request for inspection at its
principal place of business.
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Dental Bill 2005
Registration of dentists, dental prosthetists, dental hygienists, Part 4
dental therapists and school dental therapists
Registration Division 1
s. 26
Part 4 -- Registration of dentists, dental prosthetists,
dental hygienists, dental therapists and school
dental therapists
Division 1 -- Registration
5 26. Natural persons may be registered
Registration under this Act may be granted only to a natural
person.
27. Registration
(1) The Board is to register an applicant as a dentist, dental
10 hygienist, dental prosthetist, dental therapist or school dental
therapist if satisfied that the applicant has --
(a) complied with the requirements of subsection (2); and
(b) paid the registration fee, if any, prescribed by the
regulations.
15 (2) The requirements for registration are that the applicant --
(a) is a fit and proper person to be registered as a dentist,
dental hygienist, dental prosthetist, dental therapist or
school dental therapist, as the case may be;
(b) has not been convicted of an offence the nature of which
20 renders the person unfit to practise, or be employed, as a
registered person;
(c) has adequate knowledge of the English language both
written and oral;
(d) has sufficient physical capacity, mental capacity and
25 skill to practise, or be employed, as a registered person;
(e) subject to subsection (3), has acquired such knowledge
and has such practical experience in --
(i) if the application is for registration as a dentist,
dentistry as in the opinion of the Board is
30 sufficient to enable that person to perform
efficiently the duties of a dentist;
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Part 4 Registration of dentists, dental prosthetists, dental hygienists,
dental therapists and school dental therapists
Division 1 Registration
s. 27
(ii) if the application is for registration as a dental
prosthetist, dental prosthetics as in the opinion of
the Board is sufficient to enable that person to
perform efficiently the duties of a dental
5 prosthetist; or
(iii) if the application is for another type of
registration, the acts of dentistry that may be
performed by a person who holds that type of
registration as in the opinion of the Board is
10 sufficient to enable that person to perform
efficiently the duties of a person who holds that
type of registration;
and
(f) holds a qualification prescribed by the rules in respect of
15 that type of registration as a qualification for registration
of that type or a qualification that in the opinion of the
Board is equivalent to such a qualification.
(3) Subsection (2)(e) does not apply to an applicant for a type of
registration who, having been awarded a qualification referred
20 to in subsection (2)(f) in respect of that type of registration
within the 5 years preceding the application, is applying to the
Board, for the first time, for registration of that type under
subsection (1).
(4) The Board may impose such conditions on registration under
25 subsection (1) as the Board reasonably requires to ensure the
competent and safe --
(a) practice of dentistry or dental prosthetics by the dentist
or dental prosthetist; or
(b) performance of the acts of dentistry that may be
30 performed by the dental hygienist, dental therapist or
school dental therapist.
(5) A condition imposed under subsection (4) may apply
indefinitely or for a period of time specified by the Board in the
written notice.
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Dental Bill 2005
Registration of dentists, dental prosthetists, dental hygienists, Part 4
dental therapists and school dental therapists
Registration Division 1
s. 28
(6) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
28. Provisional registration
5 (1) The Board may provisionally register an applicant if satisfied
that --
(a) the applicant has applied to be registered under
section 27;
(b) the requisite evidence is likely to be produced to enable
10 the Board to be satisfied as to the matters set out in
section 27(2) relevant to the type of registration applied
for; and
(c) the applicant has paid the registration fee, if any,
prescribed by the regulations.
15 (2) Provisional registration has effect for a period of 3 months
beginning on the day on which it is granted unless earlier
cancelled.
(3) The Board may impose such conditions on registration under
subsection (1) as the Board reasonably requires to ensure the
20 competent and safe --
(a) practice of dentistry or dental prosthetics by the dentist
or dental prosthetist; or
(b) performance of the acts of dentistry that may be
performed by the dental hygienist, dental therapist or
25 school dental therapist.
(4) If the Board, before the period referred to in subsection (2)
expires, has reason to believe that a person granted provisional
registration is not entitled to be registered under section 27 as a
dentist, dental hygienist, dental prosthetist, dental therapist or
30 school dental therapist, the Board may, without prejudice to the
person's application to be registered, cancel the person's
provisional registration.
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Dental Bill 2005
Part 4 Registration of dentists, dental prosthetists, dental hygienists,
dental therapists and school dental therapists
Division 1 Registration
s. 29
29. Conditional registration at the discretion of the Board
(1) The Board may grant a person conditional registration as a
dentist or dental prosthetist if --
(a) the Board is satisfied that the person meets the
5 requirements of section 27(2)(a), (b), (c) and (d) for
registration of that type;
(b) the Board is satisfied that --
(i) the person meets the requirements of
section 27(2)(e) for registration of that type and
10 that the requisite evidence is likely to be
produced to enable the Board to be satisfied as to
the matters set out in section 27(2)(f) for that
type of registration;
(ii) the person proposes to undertake a course in post
15 graduate study in dentistry or professional
practice and training in dentistry under
supervision;
(iii) the person, recognised by the Board as being a
person of eminence within the field of dentistry
20 or dental prosthetics, desires registration for the
purpose of enabling the person to teach and
demonstrate methods and techniques of dentistry
or dental prosthetics; or
(iv) the person desires registration to enable the
25 person to undertake particular duties of dentistry
or dental prosthetics of limited duration;
and
(c) the applicant has paid the registration fee, if any,
prescribed by the regulations.
30 (2) The Board may grant a person conditional registration as a
dental hygienist, dental therapist or school dental therapist if --
(a) the Board is satisfied that the person meets the
requirements of section 27(2)(a), (b), (c) and (d) for
registration of that type;
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Dental Bill 2005
Registration of dentists, dental prosthetists, dental hygienists, Part 4
dental therapists and school dental therapists
Registration Division 1
s. 29
(b) the Board is satisfied that --
(i) the person proposes to undertake a course in post
graduate study in dental hygiene or dental
therapy;
5 (ii) the person, recognised by the Board as being a
person of eminence within the field of dental
hygiene, desires registration for the purpose of
enabling the person to teach and demonstrate
methods and techniques of dental hygiene; or
10 (iii) the person, recognised by the Board as being a
person of eminence within the field of dental
therapy or school dental therapy, desires
registration for the purpose of enabling the
person to teach and demonstrate methods and
15 techniques of dental therapy;
and
(c) the applicant has paid the registration fee, if any,
prescribed by the regulations.
(3) Conditional registration has effect until the day specified in the
20 certificate of registration (unless registration is earlier cancelled
by the Board) but that day is in no case to be later than
12 months after the issue of the certificate.
(4) Conditional registration under this section may be made subject
to such conditions as the Board imposes in any particular case.
25 (5) The Board may at any time cancel a conditional registration.
(6) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
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Dental Bill 2005
Part 4 Registration of dentists, dental prosthetists, dental hygienists,
dental therapists and school dental therapists
Division 1 Registration
s. 30
30. Professional indemnity insurance
(1) In this section --
"professional indemnity insurance" means professional
indemnity insurance that meets the minimum terms and
5 conditions approved by the Board.
(2) Without limiting the Board's powers under section 27, 28 or 29,
the Board may impose both of the following conditions as
conditions of registration of a person as a dentist or dental
prosthetist under section 27, 28 or 29 --
10 (a) that --
(i) the dentist or dental prosthetist must hold
professional indemnity insurance;
(ii) the dental or prosthetic care provided by the
dentist or dental prosthetist must be covered by
15 professional indemnity insurance; or
(iii) the dentist or dental prosthetist must be specified
or referred to in professional indemnity
insurance, whether by name or otherwise, as a
person to whom the professional indemnity
20 insurance extends even though the dentist or
dental prosthetist is not a party to the
professional indemnity insurance;
(b) that the professional indemnity insurance must meet the
minimum terms and conditions approved by the Board.
25 (3) A condition imposed under this section may apply indefinitely
or for a period of time specified by the Board in the written
notice of the decision given under section 111.
(4) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
30 reasonable grounds, revoke or vary the condition.
page 24
Dental Bill 2005
Registration of dentists, dental prosthetists, dental hygienists, Part 4
dental therapists and school dental therapists
Registration Division 1
s. 31
31. Application
(1) An application is to be --
(a) in writing;
(b) made in an approved manner and form; and
5 (c) accompanied by the application fee, if any, prescribed
by the regulations.
(2) The applicant must provide the Board or the registrar with such
further information as the Board or the registrar requires, in any
particular case, and if required by the Board or the registrar
10 must verify the information by statutory declaration.
(3) The Board may, in writing, require an applicant for registration
to attend before the Board for the purpose of satisfying the
Board as to a matter relevant to the application and, if the
person fails to attend, may refuse the application.
15 (4) The Board may refuse to register a person who does not comply
with this section.
32. Effect of registration
Subject to this Act, registration as --
(a) a dentist confers on the person registered the right to
20 carry on in the State the practice of dentistry under the
title of "dentist", "dental surgeon" or "dental
practitioner"; and
(b) a dental prosthetist confers on the person registered the
right to carry on in the State the practice of dental
25 prosthetics under the title of "dental prosthetist".
33. Duration of registration
Subject to this Act, registration --
(a) has effect for the period prescribed by the regulations;
and
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Dental Bill 2005
Part 4 Registration of dentists, dental prosthetists, dental hygienists,
dental therapists and school dental therapists
Division 1 Registration
s. 34
(b) may be renewed in accordance with the regulations for a
further period prescribed by the regulations.
34. Renewal of registration
(1) A registered person must pay to the Board a fee prescribed by
5 the regulations for the renewal of a type of registration, and if
the fee is not paid on or before the day on which it falls due
under the regulations --
(a) the person ceases to be registered; and
(b) the person's name must be removed from the register,
10 in relation to that type of registration.
(2) A person whose name is removed from the register under
subsection (1) may at any time pay to the Board all fees that are
in arrears, and all fees that would be in arrears if the person had
continued to be registered, together with any additional amount
15 prescribed by the regulations for the purposes of this subsection,
and is then to be entitled, subject to this Act, to have his or her
registration renewed and the name restored to the register in
relation to that type of registration.
(3) For the purposes of Part 5, the registration of a person whose
20 name is restored to the register under subsection (2) is taken to
have continued during the period that the person's name was
removed from the register under subsection (1).
(4) The Board is to give written notice of the renewal fee to a
registered person, sent to that registered person's address as
25 recorded in the register, at least 42 days before the fee falls due
under the regulations.
(5) A person may apply to the Board for the remission of fees
payable by the person under this section that are in arrears, and
the Board may remit those fees in whole or in part.
page 26
Dental Bill 2005
Registration of dentists, dental prosthetists, dental hygienists, Part 4
dental therapists and school dental therapists
Employment of dental hygienists, dental therapists and school Division 2
dental therapists
s. 35
35. Application for registration by a person whose registration
has been cancelled under section 82(1)(i)
(1) In this section --
"disqualified person" means a person whose registration in
5 relation to a type of registration has been cancelled and
name removed from the register in relation to that type of
registration under section 82(1)(i).
(2) A disqualified person may not apply for registration in relation
to the type of registration that was cancelled for a period of
10 2 years after registration of that type was cancelled.
(3) The Board cannot grant an application for registration by a
disqualified person in relation to the type of registration that
was cancelled unless it has applied for, and obtained, the
approval of the State Administrative Tribunal to do so.
15 (4) Registration of, and --
(a) the practice of dentistry or dental prosthetics by a dentist
or dental prosthetist; or
(b) employment as a dental hygienist, dental therapist or
school dental therapist,
20 as the case may be, by a disqualified person may be made
subject to such conditions as the Board in any particular case
imposes.
Division 2 -- Employment of dental hygienists, dental
therapists and school dental therapists
25 36. Acts which may be performed by dental hygienists
(1) This section applies to a dental hygienist who is employed --
(a) by a dentist; or
(b) to perform acts of dentistry in --
(i) a hospital as defined in the Hospitals and Health
30 Services Act 1927 section 2(1);
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Dental Bill 2005
Part 4 Registration of dentists, dental prosthetists, dental hygienists,
dental therapists and school dental therapists
Division 2 Employment of dental hygienists, dental therapists and school
dental therapists
s. 37
(ii) a university or tertiary educational authority
established under any written law; or
(iii) the department.
(2) Subject to any condition imposed by the Board, a dental
5 hygienist to whom this section applies may, under the direction
and control of a dentist and for the purpose of assisting that
dentist in the prevention, control or treatment of dental
disease --
(a) undertake the acts of dentistry prescribed by the
10 regulations for the purposes of this paragraph; and
(b) if the dental hygienist --
(i) has the qualifications prescribed by the
regulations; or
(ii) has completed a course of study and training
15 approved by the Board for the purposes of this
paragraph,
undertake the acts of dentistry prescribed by the
regulations for the purposes of this paragraph.
37. Acts which may be performed by dental therapists
20 (1) This section applies to a dental therapist who is employed --
(a) by a dentist; or
(b) to perform acts of dentistry in --
(i) a hospital as defined in the Hospitals and Health
Services Act 1927 section 2(1);
25 (ii) a university or tertiary educational authority
established under any written law; or
(iii) the department.
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Dental Bill 2005
Registration of dentists, dental prosthetists, dental hygienists, Part 4
dental therapists and school dental therapists
Employment of dental hygienists, dental therapists and school Division 2
dental therapists
s. 38
(2) Subject to subsection (3) and any condition imposed by the
Board, a dental therapist to whom this section applies may,
under the direction and control of a dentist and for the purpose
of assisting that dentist in the prevention, control or treatment of
5 dental disease --
(a) undertake the acts of dentistry prescribed by the
regulations for the purposes of this paragraph; and
(b) if the dental therapist --
(i) has the qualifications prescribed by the
10 regulations; or
(ii) has completed a course of study and training
approved by the Board for the purposes of this
paragraph,
undertake the acts of dentistry prescribed by the
15 regulations for the purposes of this paragraph.
(3) A dental therapist must not undertake the acts of dentistry
referred to in subsection (2)(b) unless the dental therapist has
the written approval of the Board to do so.
38. Direction and control of dental hygienists and dental
20 therapists
(1) If an act of dentistry is to be undertaken by a dental hygienist or
dental therapist, the dentist under whose direction and control
the act is to be undertaken must --
(a) examine the patient --
25 (i) before the treatment commences; and
(ii) after the treatment within such time as is
prescribed by the regulations;
and
(b) if not in full-time attendance, remain reasonably
30 available for consultation.
Penalty: $2 500.
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Dental Bill 2005
Part 4 Registration of dentists, dental prosthetists, dental hygienists,
dental therapists and school dental therapists
Division 3 The register
s. 39
(2) A dentist complies with subsection (1)(b) if the dentist, or
another dentist nominated by him or her, is available to render
assistance to the dental hygienist or dental therapist if such
assistance is required by the dental hygienist or dental therapist.
5 39. Acts which may be performed by school dental therapists
(1) This section applies to a school dental therapist who is
employed to carry out acts of dentistry for a school dental
service.
(2) Subject to any condition imposed by the Board and the
10 regulations made under the Health Act 1911 section 337A(4), a
school dental therapist to whom this section applies may for the
purposes of the school dental service --
(a) undertake the acts of dentistry prescribed by the
regulations for the purposes of this paragraph; and
15 (b) if the school dental therapist --
(i) has the qualifications prescribed by the
regulations; or
(ii) has completed a course of study and training
approved by the Board for the purposes of this
20 paragraph,
undertake the acts of dentistry prescribed by the
regulations for the purposes of this paragraph.
Division 3 -- The register
40. The register
25 The Board is required to keep an accurate and up to date register
of all registered persons in such manner and form as the Board
determines and in respect of each registered person is to
record --
(a) the name of that registered person;
30 (b) the business, or other, address of that registered person;
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Dental Bill 2005
Registration of dentists, dental prosthetists, dental hygienists, Part 4
dental therapists and school dental therapists
The register Division 3
s. 41
(c) particulars of all of the registered person's professional
qualifications recognised by the Board and held by that
registered person;
(d) the type of registration;
5 (e) the provision of this Act under which the registered
person is registered;
(f) any conditions applying to the registration;
(g) details of the exercise of any power under Part 5 in
respect of that registered person or any order made in
10 respect of that registered person in a proceeding before
the State Administrative Tribunal under Part 5; and
(h) such other information, if any, as is prescribed by the
regulations.
41. Inspection of register
15 (1) The register must be kept in the office of the registrar.
(2) The register must be available for inspection by members of the
public during normal office hours.
(3) The register may be made available for inspection by members
of the public on an internet website maintained by the Board.
20 (4) A person may, on application to the registrar in respect of the
register or an entry in the register, and payment of the fee
prescribed by the regulations, if any, obtain a certified copy of
the register or the entry.
(5) No fee is payable under subsection (4) if the application is
25 made --
(a) by an officer of the department; and
(b) for the purpose of carrying out the functions of an
officer of that department.
page 31
Dental Bill 2005
Part 4 Registration of dentists, dental prosthetists, dental hygienists,
dental therapists and school dental therapists
Division 3 The register
s. 42
42. Certificate of registration
(1) On the registration of a person the Board is to issue to that
person a certificate of registration in a form approved for that
type of registration.
5 (2) In the absence of evidence to the contrary a certificate of
registration is evidence that the person to whom the certificate is
issued is registered as specified in the certificate.
43. Voluntary removal from register and cancellation of
registration
10 (1) A person may, in writing, request the registrar to remove the
name of that person from the register in relation to a type of
registration and cancel his or her registration in relation to that
type of registration.
(2) Upon receipt of a request under subsection (1) the registrar is to
15 refer the request to the Board and may, if the Board so
approves, remove the name of that person from the register in
relation to that type of registration and cancel his or her
registration in relation to that type.
(3) This section does not apply to a registered person who is the
20 subject of proceedings under Part 5.
44. Removal of name and cancellation of registration of person
in certain circumstances
(1) Subject to subsections (3) and (4), the Board is to cancel the
registration of and direct the registrar to remove from the
25 register the name of a dentist or dental prosthetist if the Board is
satisfied that he or she --
(a) has not practised dentistry or dental prosthetics in the
preceding period of 5 years; and
(b) has not maintained current knowledge and skills in
30 dentistry or dental prosthetics at an approved level.
(2) Subject to subsections (3) and (4), the Board is to cancel the
registration of and direct the registrar to remove from the
page 32
Dental Bill 2005
Registration of dentists, dental prosthetists, dental hygienists, Part 4
dental therapists and school dental therapists
Notifications to Board Division 4
s. 45
register the name of a dental hygienist, dental therapist or school
dental therapist if the Board is satisfied that he or she --
(a) has not been employed as a dental hygienist, dental
therapist or school dental therapist in the preceding
5 period of 5 years; and
(b) has not maintained current knowledge and skills in the
acts of dentistry that may be performed by a dental
hygienist, dental therapist or school dental therapist at
an approved level.
10 (3) If the Board proposes to give a direction under subsection (1)
or (2), the Board is to give the registered person written notice
of the proposal and the reasons for the proposal.
(4) A notice given under subsection (3) must state that within
28 days after the notice is given, the registered person to whom
15 it is given may make written representations to the Board
concerning the proposal, and the Board is not to give the
direction without considering any representations received
within that period.
45. Effect of removal of name from register
20 If the name of a registered person is removed from the register
under a provision of this Act, that person ceases to be registered
in relation to that type of registration.
Division 4 -- Notifications to Board
46. Change of address
25 (1) A registered person must give the registrar written advice of any
change to the address that is recorded in the register in relation
to the person.
Penalty: $1 000.
(2) The advice referred to in subsection (1) must be given no later
30 than 30 days after the change to the address.
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Dental Bill 2005
Part 4 Registration of dentists, dental prosthetists, dental hygienists,
dental therapists and school dental therapists
Division 4 Notifications to Board
s. 47
47. Loss of qualifications
(1) A registered person must give the registrar written advice if a
qualification that enabled the person to be registered is
withdrawn or cancelled by the body that conferred the
5 qualification.
Penalty: $1 000.
(2) The advice referred to in subsection (1) must be given no later
than 90 days after the withdrawal or cancellation.
48. Insolvency
10 (1) In subsection (2) --
"insolvent" means a person who is an insolvent under
administration as defined in the Corporations Act section 9.
(2) A registered person must, within 7 days of becoming an
insolvent, give the registrar written notice of the insolvency.
15 Penalty: $5 000.
49. Civil or criminal proceedings
(1) A dentist or dental prosthetist must give the registrar written
advice of any of the following matters within 14 days after --
(a) any civil proceedings claiming damages or other
20 compensation arising out of the practice of dentistry or
dental prosthetics;
(b) any criminal proceedings for an offence arising out of
the practice of dentistry or dental prosthetics,
are commenced against that person.
25 Penalty: $5 000.
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Dental Bill 2005
Registration of dentists, dental prosthetists, dental hygienists, Part 4
dental therapists and school dental therapists
Notifications to Board Division 4
s. 49
(2) A dentist or dental prosthetist must give the registrar written
advice of any of the following matters within 14 days after --
(a) any proceedings of a kind referred to in subsection (1)
commenced against that person are withdrawn or
5 settled;
(b) any such proceedings are determined by a court or other
tribunal.
Penalty: $5 000.
(3) A dental hygienist, dental therapist or school dental therapist
10 must give the registrar written advice of any of the following
matters within 14 days after --
(a) any civil proceedings claiming damages or other
compensation arising out of employment as a dental
hygienist, dental therapist or school dental therapist;
15 (b) any criminal proceedings for an offence arising out of
employment as a dental hygienist, dental therapist or
school dental therapist,
are commenced against that person.
Penalty: $5 000.
20 (4) A dental hygienist, dental therapist or school dental therapist
must give the registrar written advice of any of the following
matters within 14 days after --
(a) any proceedings of a kind referred to in subsection (3)
commenced against that person are withdrawn or
25 settled;
(b) any such proceedings are determined by a court or other
tribunal.
Penalty: $5 000.
page 35
Dental Bill 2005
Part 4 Registration of dentists, dental prosthetists, dental hygienists,
dental therapists and school dental therapists
Division 4 Notifications to Board
s. 50
50. Information about professional indemnity insurance
(1) If it is a condition of a person's registration as a dentist or dental
prosthetist that --
(a) the dentist or dental prosthetist must hold professional
5 indemnity insurance;
(b) the dental or prosthetic care provided by the dentist or
dental prosthetist must be covered by professional
indemnity insurance; or
(c) the dentist or dental prosthetist must be specified or
10 referred to in professional indemnity insurance, whether
by name or otherwise, as a person to whom the
professional indemnity insurance extends even though
the dentist or dental prosthetist is not a party to the
professional indemnity insurance,
15 the person must give the registrar written advice --
(d) if the professional indemnity insurance is cancelled; or
(e) of any change in the terms or conditions of the
professional indemnity insurance.
Penalty: $1 000.
20 (2) The advice referred to in subsection (1) must be given no later
than 30 days after the cancellation or change in the terms or
conditions.
page 36
Dental Bill 2005
Disciplinary and impairment matters Part 5
Preliminary Division 1
s. 51
Part 5 -- Disciplinary and impairment matters
Division 1 -- Preliminary
51. Disciplinary matters
The following are disciplinary matters --
5 (a) that a dentist or dental prosthetist has contravened a
condition applying to that person's registration;
(b) that a dental hygienist, dental therapist or school dental
therapist has contravened a condition applying to that
person's registration or the performance by the person of
10 the acts of dentistry that may be performed by a dental
hygienist, dental therapist or school dental therapist, as
the case may be;
(c) that a person in the course of his or her practise as a
dentist or dental prosthetist or employment as a dental
15 hygienist, dental therapist or school dental therapist --
(i) acted carelessly;
(ii) acted incompetently;
(iii) acted improperly;
(iv) breached this Act;
20 (v) failed to comply with an undertaking given to the
Board under this Act;
(vi) provided services that were excessive,
unnecessary or not reasonably necessary for the
recipient's wellbeing;
25 (d) that a person has been convicted of an offence the nature
of which renders the person unfit to practise as a dentist
or dental prosthetist or to be employed as a dental
hygienist, dental therapist or school dental therapist, as
the case may be.
page 37
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 2 Committees
s. 52
52. Impairment matters
The following are impairment matters --
(a) that a person is affected by his or her use of or
dependence on alcohol or a drug to such an extent that
5 the ability of the person to practise dentistry or dental
prosthetics or to be employed as a dental hygienist,
dental therapist or school dental therapist, as the case
may be, is or is likely to be affected;
(b) that a person suffers from an impairment to such an
10 extent that the ability of the person to practise dentistry
or dental prosthetics or to be employed as a dental
hygienist, dental therapist or school dental therapist, as
the case may be, is or is likely to be affected.
Division 2 -- Committees
15 53. Complaints assessment committee
(1) The Board is to establish a committee to be known as the
complaints assessment committee.
(2) The complaints assessment committee is to consist of the
following 4 persons appointed in writing by the Board from
20 time to time --
(a) 2 registered persons (who may be members of the
Board);
(b) a person who is not a registered person and is not
qualified to be registered as a registered person;
25 (c) such other person (including a registered person or
member of the Board) as the Board considers
appropriate.
(3) The Board is to appoint a member of the complaints assessment
committee to be the committee's chairperson.
30 (4) The complaints assessment committee is to submit an annual
report to the Board as soon as is practicable after 30 June in
page 38
Dental Bill 2005
Disciplinary and impairment matters Part 5
Committees Division 2
s. 54
each year in respect of the functions performed by the
committee during the year that ended on that day.
(5) A notice or appointment authorised by this Act to be given or
made by the complaints assessment committee is taken to have
5 been given or made by the committee if it is signed on behalf of
the committee --
(a) by the chairperson of the committee; or
(b) by some other person authorised by the committee to
sign the notice or appointment.
10 54. Impairment review committee
(1) The Board may establish a committee to be known as the
impairment review committee.
(2) The impairment review committee is to consist of the following
3 persons appointed in writing by the Board from time to
15 time --
(a) a registered person (who may be a member of the
Board);
(b) a medical practitioner;
(c) such other person (including a registered person or
20 member of the Board) as the Board considers
appropriate.
(3) The Board is to appoint a member of the impairment review
committee to be the committee's chairperson.
(4) A notice or appointment authorised by this Act to be given or
25 made by the impairment review committee is taken to have been
given or made by the committee if it is signed on behalf of the
committee --
(a) by the chairperson of the committee; or
(b) by some other person authorised by the committee to
30 sign the notice or appointment.
page 39
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 3 Complaints
s. 55
Division 3 -- Complaints
55. Complaints
(1) A person may lodge a complaint in relation to an impairment
matter with the complaints assessment committee in relation to
5 a registered person.
(2) A person may lodge a complaint in relation to a disciplinary
matter with the complaints assessment committee in relation
to --
(a) a person who is a registered person; or
10 (b) a person who was a registered person when the
disciplinary matter allegedly occurred but who is no
longer a registered person.
(3) If the Director refers a complaint to the Board under the Health
Services (Conciliation and Review) Act 1995 section 31 or
15 43(3), the Board is to refer the complaint to the complaints
assessment committee.
(4) The complaints assessment committee may determine that an
impairment matter or a disciplinary matter is to be dealt with as
if it were the subject of a complaint lodged with the committee,
20 despite no complaint having been made to it.
(5) The complaints assessment committee is not to make a
determination under subsection (4) unless it is of the opinion
that --
(a) in respect of a person who is a registered person when
25 the determination is made, there is cause to investigate
whether an impairment matter or a disciplinary matter
exists or has occurred; or
(b) in respect of a person who was a registered person when
the disciplinary matter allegedly occurred, there is cause
30 to investigate whether a disciplinary matter occurred.
page 40
Dental Bill 2005
Disciplinary and impairment matters Part 5
Complaints Division 3
s. 56
56. Complaints assessment committee to determine action
required
(1) The complaints assessment committee is to decide in respect of
a complaint --
5 (a) if the committee is of the opinion that the complaint
requires action under Division 4, to refer it to the Board
for action under that Division;
(b) to reject the complaint under section 57;
(c) in the case of a complaint relating to a disciplinary
10 matter, to deal with the complaint under subsection (3)
or section 61; or
(d) in the case of a complaint relating to an impairment
matter, to refer the complaint to the impairment review
committee.
15 (2) To enable the complaints assessment committee to make a
decision under subsection (1) the committee may make such
inquiries as it considers appropriate.
(3) If the complaint relates to a disciplinary matter referred to in
section 51(c)(v), the complaints assessment committee may
20 recommend to the Board that it make an allegation to the State
Administrative Tribunal based on the complaint that gave rise to
the undertaking.
57. Complaints assessment committee may reject certain
complaints
25 (1) The complaints assessment committee may at any time before
deciding to --
(a) refer a complaint to the impairment review committee
under section 56(1)(d); or
(b) make a recommendation to the Board under
30 section 56(3) or 61,
reject a complaint if it is of the opinion that the complaint is
frivolous, vexatious or without substance.
page 41
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 4 Summary orders of Board
s. 58
(2) Within 7 days of making a decision under subsection (1), the
complaints assessment committee is to give written notice to the
complainant, if any, that the complaint is rejected and in the
notice is to give short particulars of the reasons for the decision.
5 Division 4 -- Summary orders of Board
58. Interim orders by Board
(1) If the Board is of the opinion that an activity of a registered
person or dental student involves or will involve a risk of
imminent injury or harm to the physical or mental health of any
10 person, the Board may, without further inquiry, do any or all of
the following --
(a) give to the registered person or dental student who is
carrying on that activity an order prohibiting the
carrying on of the activity for a period of not more than
15 30 days;
(b) in the case of a registered person, give to the registered
person an order to comply, for a period of not more than
30 days, with such conditions as the Board thinks fit in
relation to --
20 (i) in the case of a dentist or dental prosthetist, his
or her registration as a dentist or dental
prosthetist;
(ii) in the case of a dental hygienist, dental therapist
or school dental therapist, employment as a
25 dental hygienist, dental therapist or school dental
therapist;
(c) in the case of a registered person, give to the registered
person an order suspending the person's registration,
either generally or in relation to any specified
30 circumstances or service, for a period of not more than
30 days;
page 42
Dental Bill 2005
Disciplinary and impairment matters Part 5
Summary orders of Board Division 4
s. 58
(d) in the case of a dental student, give to the dental
student --
(i) an order to comply, for a period of not more than
30 days, with such conditions as the Board thinks
5 fit in relation to the student's participation in
dental training; or
(ii) an order suspending the student from dental
training for a period of not more than 30 days.
(2) An order made under subsection (1) must --
10 (a) state that the Board is of the opinion that the activity of
the registered person or dental student involves or will
involve a risk of imminent injury or harm to the physical
or mental health of any person;
(b) specify the activity that in the Board's opinion involves
15 or will involve the risk and the matters that give or will
give rise to the risk; and
(c) advise that, within 14 days of the making of the order,
the Board will revoke the order or make an allegation
about the matter to the State Administrative Tribunal.
20 (3) The Board must give a copy of an order referred to in
subsection (1) relating to a dental student to the head of the
school of dentistry at the tertiary institution at which the student
is enrolled.
(4) The Board may, by subsequent order given to the person to
25 whom the order made under subsection (1) was given, revoke or
vary the original order at any time before making an allegation
about the matter to the State Administrative Tribunal under
section 59.
(5) The Board may deal under this section with a complaint even
30 if --
(a) the Board, the impairment review committee or the
complaints assessment committee is already dealing
page 43
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 4 Summary orders of Board
s. 59
with the complaint, or a complaint including elements of
the first-mentioned complaint, under this Act; or
(b) the same complaint, or a complaint including elements
of the complaint before the Board, has been made under
5 the Health Services (Conciliation and Review) Act 1995
or is being treated as a complaint that was made under
that Act.
59. Complaint dealt with summarily to be referred to the State
Administrative Tribunal
10 (1) Within 14 days of making an order under section 58, if that
order is not revoked under section 58(4), the Board is to --
(a) make an allegation about the matter in respect of which
the order was made to the State Administrative Tribunal;
and
15 (b) order that any other proceedings under this Part in
respect of the matter commenced before the making of
the order be discontinued.
(2) Upon an allegation made under subsection (1) the State
Administrative Tribunal may, in addition to any other order it
20 may make, affirm or revoke an order under section 58(1) or
vary the order by extending the period for which it applies or in
any other respect.
60. Complaint not dealt with summarily to be referred to
relevant committee
25 If the Board does not make an order under section 58 in respect
of a complaint referred to it under section 56(1)(a) then the
Board is to --
(a) refer the complaint to the complaints assessment
committee, if the complaint relates to a disciplinary
30 matter; or
(b) refer the complaint to the impairment review committee,
if the complaint relates to an impairment matter.
page 44
Dental Bill 2005
Disciplinary and impairment matters Part 5
Disciplinary matters Division 5
s. 61
Division 5 -- Disciplinary matters
61. Investigation and recommendation
(1) If the complaints assessment committee has made a decision to
deal with a complaint relating to a disciplinary matter under this
5 section or has had a complaint referred back to it under
section 60, the complaints assessment committee is to
investigate the complaint.
(2) On completion of the investigation the complaints assessment
committee is to make a recommendation to the Board --
10 (a) to make a summary order under Division 4 (unless the
complaint was referred back to the committee under
section 60);
(b) if the complaint comes within the Health Services
(Conciliation and Review) Act 1995 section 25, not
15 being a complaint referred to the Board under section 31
or 43(3) of that Act, to give a copy of the complaint to
the Director;
(c) if paragraph (b) does not apply, to attempt to settle the
complaint by conciliation;
20 (d) to caution or reprimand the respondent;
(e) to accept an undertaking from the respondent to take or
refrain from action specified in the recommendation;
(f) to make an allegation about the complaint to the State
Administrative Tribunal; or
25 (g) to take no further action.
(3) The complaints assessment committee is not to make a
recommendation under subsection (2)(c) unless it is satisfied
that the matter can be dealt with satisfactorily by informal
procedures.
30 (4) The complaints assessment committee may recommend to the
Board that it take action under both subsection (2)(d) and (e) in
respect of a complaint.
page 45
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 5 Disciplinary matters
s. 62
62. Role of Board
(1) The Board is to consider the recommendation of the complaints
assessment committee under section 61(2) and may either --
(a) act on the recommendation of the complaints assessment
5 committee; or
(b) take action of a kind referred to in section 61(2) other
than that recommended by the complaints assessment
committee.
(2) The Board is not to take action of a kind referred to in
10 section 61(2)(c) unless it is satisfied that the matter can be dealt
with satisfactorily by informal procedures.
(3) The Board may take action under both section 61(2)(d) and (e)
in respect of a complaint.
(4) Within 7 days of making a decision under subsection (1), the
15 Board is to give written notice to the complainant, if any, and
the respondent of the action proposed to be taken by the Board
together with short particulars of the reasons for the decision.
63. Alternative to making allegation to the State Administrative
Tribunal
20 (1) If the Board --
(a) is of the opinion that a proceeding before the Tribunal is
not warranted by the nature of the allegation;
(b) has afforded to the person concerned the opportunity of
giving an explanation to the Board either in person or in
25 writing and is not satisfied by any explanation offered;
and
page 46
Dental Bill 2005
Disciplinary and impairment matters Part 5
Disciplinary matters Division 5
s. 63
(c) has afforded to the person concerned the option of the
matter proceeding before the Tribunal and that option
has not been taken up,
the Board, instead of making an allegation to the State
5 Administrative Tribunal under section 62(1), may --
(d) if the person is a registered person, order that the
particulars entered in the register in relation to that
person be amended;
(e) caution or reprimand that person;
10 (f) if the person is a registered person, require that person to
give an undertaking to the Board, either with or without
security, for such period as is specified --
(i) in relation to his or her future conduct as a
registered person; or
15 (ii) to comply with such conditions as are specified
in relation to his or her registration as a dentist,
dental hygienist, dental prosthetist, dental
therapist or school dental therapist;
or
20 (g) order that person to pay to the Board a penalty not
exceeding $2 500.
(2) The Board may, in addition to or instead of imposing one or
more of the penalties specified in subsection (1), order the
person concerned to pay such costs and expenses of or
25 incidental to the proceedings as the Board thinks fit.
(3) Where any penalty, costs or expenses are ordered to be paid
under this section the amount ordered to be paid is recoverable
in any court of competent jurisdiction as a debt due to the
Board.
30 (4) Within 7 days of making a decision under subsection (1)(d)
to (g) or (2), the Board is to give written notice to the
complainant, if any, and the respondent of the decision together
with short particulars of the reasons for the decision.
page 47
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 6 Impairment matters
s. 64
Division 6 -- Impairment matters
64. Request by registered person for imposition of condition
(1) A--
(a) dentist or dental prosthetist; or
5 (b) dental hygienist, dental therapist or school dental
therapist,
who believes that his or her ability to --
(c) practise dentistry or dental prosthetics; or
(d) carry out his or her employment or perform the acts of
10 dentistry that may be performed by a dental hygienist,
dental therapist or school dental therapist,
is affected because of an impairment matter may ask the Board
to impose a condition with respect to his or her registration.
(2) If the Board and the person agree upon the condition to be
15 imposed, the Board is to impose that condition with respect to
his or her registration.
(3) If the Board and the person do not agree upon the condition to
be imposed, the Board is to refer the matter to the impairment
review committee for investigation under this Division.
20 65. Revocation of condition
The Board may revoke a condition imposed under section 64 if
the registered person satisfies the impairment review committee
that his or her ability to practise dentistry or dental prosthetics
or carry out his or her employment or perform the acts of
25 dentistry that may be performed by a dental hygienist, dental
therapist or school dental therapist, as the case may be, is no
longer affected because of the impairment matter that gave rise
to the imposition of the condition.
page 48
Dental Bill 2005
Disciplinary and impairment matters Part 5
Impairment matters Division 6
s. 66
66. Investigation
The impairment review committee is to investigate a complaint
referred to it.
67. Registered person to be notified about investigation
5 (1) The impairment review committee is to give written notice of
the investigation to the registered person to whom the complaint
relates.
(2) The notice must --
(a) advise the registered person of the nature of the
10 impairment matter to be investigated;
(b) if the impairment review committee considers that an
examination of the registered person is necessary, ask
the registered person to advise the committee as to
whether or not he or she will agree to undergo an
15 examination relating to the impairment matter within a
period specified by the committee in the notice; and
(c) contain a brief summary of the effect of this Division.
68. Examination
(1) If the registered person agrees to undergo an examination within
20 the period specified in the notice under section 67(2)(b), the
registered person is to be examined by a medical practitioner
agreed upon by the impairment review committee and the
registered person.
(2) If the impairment review committee and the registered person
25 are unable to agree upon the person to conduct the examination,
the Board is to appoint a medical practitioner to perform the
examination.
(3) The Board is to pay for an examination conducted under this
section and a report provided under section 69.
30 (4) If the registered person does not agree to undergo an
examination within the period specified in the notice under
page 49
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 6 Impairment matters
s. 69
section 67(2)(b) or does not abide by an agreement to undergo
such an examination, the impairment review committee is to
recommend to the Board that the Board make an allegation
about the complaint to the State Administrative Tribunal.
5 69. Report of examination
(1) A medical practitioner who conducts an examination under
section 68 is to give a report of the examination to the
impairment review committee and, not more than 7 days later,
the committee is to give a copy of the report to the registered
10 person.
(2) Despite subsection (1), if it appears to the impairment review
committee that the disclosure to the registered person of
information in the report might be prejudicial to the physical or
mental health or wellbeing of the registered person, the
15 committee may decide not to give that report to the registered
person but to give it instead to a medical practitioner or another
registered person with the same type of registration as the
registered person nominated by the registered person.
(3) If the registered person does not nominate a medical practitioner
20 or another registered person with the same type of registration
as the registered person to the impairment review committee
within 7 days of being requested to do so by the committee, the
committee may give the report to a medical practitioner or
another registered person with the same type of registration as
25 the registered person selected by the committee.
(4) The registered person may make written representations to the
impairment review committee with respect to the report within
7 days after the report is given to him or her or the medical
practitioner or registered person nominated by him or her or
30 selected by the committee.
page 50
Dental Bill 2005
Disciplinary and impairment matters Part 5
Impairment matters Division 6
s. 70
70. Role of the impairment review committee
(1) On completion of the investigation of a registered person and
after considering --
(a) any report given to the committee under section 69(1);
5 and
(b) any representations made by the registered person under
section 69(4),
the impairment review committee is to decide whether or not
further action should be taken.
10 (2) If the impairment review committee decides that further action
should be taken, it is to request that the registered person
consent --
(a) to the imposition of conditions on his or her registration;
(b) to the person's registration being suspended, for a
15 period, not exceeding 2 years, specified by the
impairment review committee; or
(c) to undergo counselling specified by the impairment
review committee.
(3) If the impairment review committee decides that no further
20 action should be taken it is to give written advice to that effect
to --
(a) the Board;
(b) the complainant, if any; and
(c) the registered person.
25 71. Recommendation
(1) If the registered person does not consent to a request made
under section 70(2) within 10 days of the request being made,
the impairment review committee is to recommend to the Board
that the Board make an allegation about the complaint to the
30 State Administrative Tribunal.
page 51
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 6 Impairment matters
s. 72
(2) If the registered person does consent to a request made under
section 70(2) within 10 days of the request being made, the
impairment review committee is to recommend to the Board
that the Board take any action to which the registered person
5 consented.
(3) A recommendation made under subsection (1) or (2) must be
made in writing and contain details of the committee's
investigation of the registered person.
72. Role of Board
10 (1) The Board is to consider a recommendation of the impairment
review committee and may --
(a) decide not to take any action;
(b) take any action to which the registered person consented
under section 70(2); or
15 (c) make an allegation about the complaint to the State
Administrative Tribunal.
(2) For the purpose of taking action to which the registered person
consented under section 70(2), the Board may --
(a) impose the conditions to which the registered person
20 consented;
(b) suspend the person's registration for the period specified
by the impairment review committee; or
(c) obtain an undertaking from the registered person to
undergo the counselling specified by the impairment
25 review committee,
as the case may require.
(3) Within 7 days of making a decision under subsection (1) or (2),
the Board is to give written notice to the registered person and
the complainant, if any, of the decision together with short
30 particulars of the reasons for the decision.
page 52
Dental Bill 2005
Disciplinary and impairment matters Part 5
Investigator's role and powers Division 7
s. 73
Division 7 -- Investigator's role and powers
73. Interpretation
In this Division --
"appointing body", in relation to an investigator, means the
5 Board or the complaints assessment committee which
appointed the investigator.
74. Investigator
(1) The Board or the complaints assessment committee may appoint
a person to investigate a complaint and report to the Board or
10 committee.
(2) An appointing body is to issue to each investigator it appoints a
certificate of appointment in an approved form.
(3) A certificate purporting to have been issued under this section is
evidence in any court of the appointment to which the certificate
15 purports to relate.
75. Report of investigator
(1) An investigator is to --
(a) within such period as the appointing body requires
prepare a report on the investigation, and make
20 recommendations as to the manner in which the
complaint should be dealt with; and
(b) immediately after preparing the report, provide the
appointing body with a copy of the report.
(2) The investigator is to return his or her certificate of appointment
25 at the time the appointing body is provided with a copy of the
report.
page 53
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 7 Investigator's role and powers
s. 76
76. Powers of investigator
(1) An investigator may for the purposes of an investigation --
(a) enter and inspect the premises named in a warrant issued
under section 78(1), and exercise the powers authorised
5 under section 78(2)(b) and (c);
(b) require a person to produce to the investigator any
document or other thing concerning the investigation
that is in the possession or under the control of the
person;
10 (c) inspect any document or other thing produced to the
investigator and retain it for such reasonable period as
the investigator thinks fit, and make copies of a
document or any of its contents;
(d) require a person --
15 (i) to give the investigator such information as the
investigator requires; and
(ii) to answer any question put to that person,
in relation to the matter the subject of the investigation;
and
20 (e) exercise other powers conferred on an investigator by
the regulations.
(2) A requirement made under subsection (1)(b) --
(a) must be made by notice in writing given to the person
required to produce the document or other thing;
25 (b) must specify the time at or within which the document
or other thing is to be produced;
(c) may, by its terms, require that the document or other
thing required be produced at a place and by means
specified in the requirement; and
30 (d) where the document required is not in a readable format,
is to be treated as a requirement to produce --
(i) the document itself; and
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Disciplinary and impairment matters Part 5
Investigator's role and powers Division 7
s. 76
(ii) the contents of the document in a readable
format.
(3) A requirement made under subsection (1)(d) --
(a) may be made orally or by notice in writing served on the
5 person required to give information or answer a
question, as the case may be;
(b) must specify the time at or within which the information
is to be given or the question is to be answered, as the
case may be; and
10 (c) may, by its terms, require that the information or answer
required --
(i) be given orally or in writing;
(ii) be given at or sent or delivered to a place
specified in the requirement;
15 (iii) in the case of written information or answers be
sent or delivered by means specified in the
requirement; or
(iv) be verified by statutory declaration.
(4) If under subsection (1)(b) an investigator requires a person to
20 produce any document or other thing concerning the
investigation that is in the possession or under the control of the
person, the investigator is to inform that person that the person
is required under this Act to produce the document or thing.
(5) If under subsection (1)(d) an investigator requires a person to
25 give information or answer a question, the investigator is to
inform that person that the person is required under this Act to
give the information or answer the question.
(6) An investigator is to produce his or her certificate of
appointment if requested to do so by a person in respect of
30 whom the investigator has exercised, or is about to exercise, a
power under this section.
page 55
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 7 Investigator's role and powers
s. 77
77. Warrant to enter premises
(1) If the Board has determined in a particular case that an
investigator has reasonable grounds for believing that entry to
premises is necessary for the purpose of substantiating a
5 complaint that may involve a threat to the physical or mental
health of a person the investigator may apply to a magistrate for
a warrant to be issued in respect of those premises.
(2) An application for a warrant must --
(a) be in writing;
10 (b) be accompanied by a notice in writing from the Board
stating that it has determined in the particular case that
the investigator has reasonable grounds for believing
that entry to premises is necessary for the purpose of
substantiating a complaint that may involve a threat to
15 the physical or mental health of a person;
(c) set out the grounds for seeking the warrant; and
(d) describe the premises that are to be entered.
(3) A magistrate to whom an application is made under this section
is to refuse it if --
20 (a) the application does not comply with the requirements
of this Act; or
(b) when required to do so by the magistrate, the
investigator does not give to the magistrate more
information about the application.
25 (4) The information in an application or given to a magistrate under
this section must be verified before the magistrate on oath or
affirmation or by affidavit, and the magistrate may for that
purpose administer an oath or affirmation or take an affidavit.
78. Issue of warrant
30 (1) A magistrate to whom an application is made under section 77
may issue a warrant, if satisfied that there are reasonable
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Disciplinary and impairment matters Part 5
Investigator's role and powers Division 7
s. 79
grounds for believing that entry and inspection of the premises
are necessary for the purpose referred to in that section.
(2) A warrant under subsection (1) authorises the investigator --
(a) to enter and inspect the premises named in the warrant;
5 (b) to require a person on the premises to answer questions
or produce documents or other things concerning the
investigation that are in the possession or under the
control of the person; and
(c) to inspect documents and other things, and take copies
10 of or extracts from documents, produced in compliance
with a requirement made under paragraph (b).
(3) There must be stated in a warrant --
(a) the purpose for which the warrant is issued;
(b) the name of the person to whom the warrant is issued;
15 and
(c) a description of the premises that may be entered.
(4) A magistrate who issues a warrant is to cause a record to be
made of particulars of the grounds that the magistrate has relied
on to justify the issue of the warrant.
20 79. Execution of warrant
(1) If asked by an occupier, or a person in charge, of premises, the
person executing a warrant at those premises is to produce it for
inspection.
(2) A warrant ceases to have effect --
25 (a) at the end of the period of one month after its issue;
(b) if it is withdrawn by the magistrate who issued it; or
(c) when it is executed,
whichever occurs first.
page 57
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 8 Conciliation
s. 80
Division 8 -- Conciliation
80. Conciliation process
(1) If an attempt is to be made to settle a complaint by conciliation,
the Board is to refer the complaint to the complaints assessment
5 committee.
(2) The complaints assessment committee is to commence
conciliation procedures within 14 days of the complaint being
referred to it under subsection (1) and may for that purpose --
(a) cause conferences of the complainant or person affected
10 by the conduct of the respondent and the respondent, or
their representatives, to be arranged and to be presided
over by a person appointed in accordance with the
regulations;
(b) give advice and make recommendations to assist in the
15 reaching of an agreement; and
(c) cause the persons concerned, or any of them, either
separately or together, to appear before the complaints
assessment committee.
(3) The Board may, with the consent of each of the parties to that
20 agreement, by order give effect to an agreement negotiated
under this Division.
(4) If the Board makes an order under subsection (3) --
(a) the terms of the agreement reached between the parties
referred to in the order are final and binding on those
25 parties; and
(b) the order may include any action that might have been
taken by the State Administrative Tribunal under
section 82(1) or 83(1).
(5) Evidence of anything lawfully said or done, or any record
30 prepared and produced for the purpose of conciliation, by a
person in the course of the conciliation process is not to be used
in any subsequent consideration of the complaint by the Board
page 58
Dental Bill 2005
Disciplinary and impairment matters Part 5
Role of the State Administrative Tribunal Division 9
s. 81
nor, unless that person waives the right to object, is it admissible
in evidence against that person in any subsequent civil
proceedings concerning the subject matter of the complaint.
81. Action if conciliation fails
5 If --
(a) the conciliation process fails to result in an agreement
between the complainant or other person affected by the
conduct of the respondent and the respondent;
(b) the Board is satisfied that the parties are not cooperating
10 with the conciliation process; or
(c) the Board is not satisfied with the result of the
conciliation process,
the Board is to --
(d) make a summary order under Division 4;
15 (e) investigate the complaint; or
(f) make an allegation about the complaint to the State
Administrative Tribunal.
Division 9 -- Role of the State Administrative Tribunal
82. Powers of the State Administrative Tribunal on dealing with
20 a disciplinary matter
(1) If, in a proceeding commenced by an allegation under this Act
against a registered person, the State Administrative Tribunal is
of the opinion that a disciplinary matter exists in relation to the
person, the Tribunal may do one or more of the following --
25 (a) decline to make an order or a requirement under this
subsection;
(b) order the registrar to amend the particulars entered in the
register in respect of the person;
(c) caution or reprimand the person;
page 59
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 9 Role of the State Administrative Tribunal
s. 82
(d) if the person is a dentist or dental prosthetist require the
person --
(i) if the patient agrees, to provide further services
to a patient at no cost or at an amount determined
5 by the Tribunal;
(ii) to pay, wholly or in part, for further services to
be provided to a patient by another dentist or
dental prosthetist; or
(iii) to reduce or refund the amount of any fees paid
10 in respect of services provided to a patient, to
such an extent as is determined by the Tribunal;
(e) order that the person comply with such conditions as the
Tribunal may impose on the registration of that person;
(f) require the person to complete educational or clinical
15 courses, or both, as specified in the order or, in the case
of a dentist or dental prosthetist, to practise under
supervision as specified in the order for a period
specified in the order;
(g) in the case of a dentist or dental prosthetist, require the
20 person to seek and implement, within a period specified
in the order, advice from a person or persons specified
in the order in relation to the management and conduct
of the person's practice, or the specific part or aspect of
the practice specified in the order;
25 (h) order the person to pay a penalty not exceeding $25 000;
(i) order that the person's registration be cancelled and
name be removed from the register;
(j) order that the person's registration be suspended, either
generally or in relation to any specified circumstances or
30 service, for a period, not exceeding 2 years, specified in
the order.
(2) If, in a proceeding commenced by an allegation under this Act
against a person who was a registered person when the
disciplinary matter allegedly occurred but who is no longer a
page 60
Dental Bill 2005
Disciplinary and impairment matters Part 5
Role of the State Administrative Tribunal Division 9
s. 83
registered person, the State Administrative Tribunal is of the
opinion that a disciplinary matter exists in relation to that
person, the only powers that the Tribunal may exercise are the
powers in subsection (1)(a), (c), (d)(ii) and (iii) and (h).
5 83. Powers of the State Administrative Tribunal on dealing with
an impairment matter
(1) If, in a proceeding commenced by an allegation under
section 72(1)(c), the State Administrative Tribunal is of the
opinion that an impairment matter exists in relation to a
10 registered person, the Tribunal may do one or more of the
following --
(a) decline to make an order or a requirement under this
subsection;
(b) order that the person comply with such conditions as the
15 Tribunal may impose on the registration of that person;
(c) require the person to seek and undergo medical
treatment or counselling specified by the Tribunal;
(d) order that the person's registration be suspended, either
generally or in relation to any specified circumstances or
20 service, for the period of time, not exceeding 2 years,
specified by the State Administrative Tribunal in the
order.
(2) If, during the course of hearing an allegation in respect of an
impairment matter, the State Administrative Tribunal
25 determines that the allegation involves a disciplinary matter, the
Tribunal may deal with it under section 82(1) or (2) instead of
under this section.
page 61
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 10 Dental students
s. 84
Division 10 -- Dental students
84. Impaired ability to participate in dental training
(1) If the Board believes on reasonable grounds that a dental
student's ability to participate in dental training is affected
5 by --
(a) his or her use of or dependence on alcohol or a drug; or
(b) an impairment,
to such an extent that the student's participation in that training
safely and competently is, or is likely to be, adversely affected,
10 the Board may refer the matter to the head of the school of
dentistry at the tertiary institution at which the student is
enrolled.
(2) If the dental student and the head of the school of dentistry
agree on a condition to ensure that the student can participate in
15 dental training safely and competently and the student fails to
comply with that condition, or the dental student and the head of
the school of dentistry cannot agree on such a condition, the
head of the school of dentistry may refer the matter to the
Board.
20 (3) If a matter is referred to the Board under subsection (2), the
Board may order the dental student to submit to an examination
under section 69 by a medical practitioner appointed by the
Board.
(4) The Board is to pay for an examination conducted under this
25 section and a report provided by the medical practitioner.
(5) A medical practitioner who conducts an examination under this
section is to give a report of the examination to the Board and,
not more than 7 days later, the Board is to give a copy of the
report to the dental student.
30 (6) Despite subsection (5), if it appears to the Board that the
disclosure to the dental student of information in the report
might be prejudicial to the physical or mental health or
page 62
Dental Bill 2005
Disciplinary and impairment matters Part 5
Dental students Division 10
s. 85
wellbeing of the dental student, the Board may decide not to
give that report to the dental student but to give it instead to a
medical practitioner nominated by the dental student.
(7) If the dental student does not nominate a medical practitioner to
5 the Board within 7 days of being requested to do so by the
Board, the Board may give the report to a medical practitioner
selected by the Board.
(8) The dental student may make written representations to the
Board with respect to the report within 7 days after the report is
10 given to him or her or the medical practitioner nominated by
him or her or selected by the Board.
(9) If a dental student, without reasonable excuse, fails to comply
with an order to submit to an examination by a medical
practitioner nominated by the Board, the Board may make an
15 allegation to the State Administrative Tribunal that there is
proper cause for action to be taken under section 86.
(10) A dental student who is required to submit, within the time
specified by the Board, to an examination by a medical
practitioner nominated by the Board may apply, in writing, to
20 the Board to review the order.
(11) If an application is made under subsection (10), the Board must
refer the matter to an impairment review committee to review
the order and report to the Board.
(12) On receipt of a report under subsection (11) the Board must --
25 (a) revoke or amend the order; or
(b) confirm the order.
85. Referral to impairment review committee
(1) After considering any report given to the Board in relation to a
dental student under section 84(5), the Board may refer the
30 matter and the medical report to an impairment review
committee.
page 63
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 10 Dental students
s. 85
(2) After considering --
(a) the medical report;
(b) giving the dental student an opportunity to make a
written submission to the committee or attend before,
5 and make a representation to, the committee; and
(c) having regard to any submission or representation made
by the dental student,
the impairment review committee may make any one or more of
the following recommendations to the Board --
10 (d) that the Board take no further action in relation to the
matter;
(e) if the dental student consents --
(i) to undergo counselling specified by the
impairment review committee;
15 (ii) to the imposition of conditions on his or her
involvement in dental training;
(iii) to cease participating in dental training for a
period specified by the impairment review
committee,
20 that the Board take any action to or in relation to which
the dental student consented;
(f) that the Board require the dental student to undergo
counselling specified by the impairment review
committee;
25 (g) that the Board impose conditions specified by the
committee on the dental student's participation in dental
training;
(h) that the Board make an allegation to the State
Administrative Tribunal that there is proper cause for
30 action to be taken under section 86.
page 64
Dental Bill 2005
Disciplinary and impairment matters Part 5
Dental students Division 10
s. 86
(3) The Board must consider the recommendation of the
impairment review committee and either --
(a) act on the recommendation; or
(b) take action of a kind referred to in subsection (2)(d)
5 to (h) other than that recommended by the committee.
(4) For the purpose of taking action of a type referred to in
subsection (2)(e), the Board may --
(a) obtain an undertaking from the dental student to undergo
the counselling specified by the impairment review
10 committee or the Board;
(b) require the dental student to comply with a condition to
which the dental student consented; or
(c) require the dental student not to participate in dental
training for a period specified by the impairment review
15 committee or the Board,
as the case may require.
86. Powers of State Administrative Tribunal in relation to
dental student
(1) If, in a proceeding commenced by an allegation under
20 section 59(1), 84(9) or 85(3) in relation to a dental student, the
State Administrative Tribunal is of the opinion that there is
proper cause to take action for a reason referred to in
section 84(1)(a) or (b), it may, by order, prohibit the dental
student from participation in dental training for a period
25 specified in the order or if no period is specified, indefinitely.
(2) On the application of the Board or the person the subject of an
order under subsection (1), the State Administrative Tribunal
may amend or revoke the order if the Tribunal considers it
appropriate to do so.
page 65
Dental Bill 2005
Part 5 Disciplinary and impairment matters
Division 11 Miscellaneous
s. 87
Division 11 -- Miscellaneous
87. Suspension
(1) If, under section 58(1)(c), 72(2)(b), 82(1)(j) or 83(1)(d), a
person's registration in relation to a specified type of
5 registration is suspended generally, the person is to be regarded
as not being registered in relation to that type of registration
during the period of the suspension.
(2) If, under section 58(1)(c), 82(1)(j) or 83(1)(d), a person's
registration in relation to a specified type of registration is
10 suspended in relation to any specified circumstances or service,
the person is to be regarded as not being registered in relation to
that type of registration during the period of the suspension in
relation to the circumstances or the performance of the service
specified in the order of suspension.
15 (3) The Board may, by notice in writing, revoke a suspension,
either generally or to a specified extent, and may direct in the
notice that the revocation has effect from a date specified in the
notice.
(4) The Board cannot revoke a suspension that was imposed by the
20 State Administrative Tribunal under section 82(1)(j) or 83(1)(d)
unless it has applied for, and obtained, the approval of the
Tribunal to do so.
88. Costs and recovery
(1) The Board may, in addition to or instead of exercising a power
25 under section 62(1) or 72(1), order the respondent to pay such
costs and expenses of or arising from the investigation and
exercise of that power as the Board thinks fit.
(2) Any costs or expenses ordered to be paid under this section are
recoverable by the Board in a court of competent jurisdiction as
30 a debt due to the Board.
page 66
Dental Bill 2005
Offences Part 6
s. 89
Part 6 -- Offences
89. Persons who may practise dentistry or dental prosthetics
(1) A person must not practise dentistry unless that person is a
dentist.
5 (2) Subsection (1) does not apply to a dental prosthetist practising
dental prosthetics.
(3) A person must not practise dental prosthetics unless that person
is a dental prosthetist.
(4) Subsection (3) does not apply to a dentist practising dental
10 prosthetics.
Penalty applicable to subsections (1) and (3):
(a) in the case of an individual --
(i) for a first offence, $5 000; and a daily penalty
of $200;
15 (ii) for a second or subsequent offence, $10 000;
and a daily penalty of $400;
(b) in any other case --
(i) for a first offence, $10 000; and a daily
penalty of $400;
20 (ii) for a second or subsequent offence, $20 000;
and a daily penalty of $800.
90. Persons who may be employed or engaged to practise
dentistry or dental prosthetics
(1) A person must not employ or engage a person to practise
25 dentistry unless the person employed or engaged is a dentist.
(2) Subsection (1) does not apply to a person who employs or
engages a dental prosthetist to practise dental prosthetics.
(3) A person must not employ or engage a person to practise dental
prosthetics unless the person employed or engaged is a dental
30 prosthetist.
page 67
Dental Bill 2005
Part 6 Offences
s. 91
(4) Subsection (3) does not apply to a person who employs or
engages a dentist to practise dental prosthetics.
Penalty applicable to subsections (1) and (3):
(a) in the case of an individual --
5 (i) for a first offence, $5 000; and a daily penalty
of $200;
(ii) for a second or subsequent offence, $10 000;
and a daily penalty of $400;
(b) in any other case --
10 (i) for a first offence, $10 000; and a daily
penalty of $400;
(ii) for a second or subsequent offence, $20 000;
and a daily penalty of $800.
91. Exceptions to sections 89 and 90
15 (1) In this section --
"dental prosthetics student" means a person who is enrolled
as a student and is studying for a qualification in dental
prosthetics referred to in section 27(2)(f).
(2) For the purposes of sections 89 and 90, a person is not
20 practising dentistry only because --
(a) the person is a dental student; or
(b) the person employs or engages a person who practises
dentistry.
(3) For the purposes of sections 89 and 90, a person is not
25 practising dental prosthetics only because --
(a) the person is a dental prosthetics student or a dental
student; or
(b) the person employs or engages a person who practises
dental prosthetics.
page 68
Dental Bill 2005
Offences Part 6
s. 92
92. Persons who may perform acts of dentistry
A person must not perform an act of dentistry prescribed for the
purpose of section 36, 37 or 39 unless that person is --
(a) a dentist;
5 (b) a dental hygienist who performs under the direction and
control of a dentist an act of dentistry authorised under
section 36;
(c) a dental therapist who performs under the direction and
control of a dentist an act of dentistry authorised under
10 section 37;
(d) a school dental therapist who performs an act of
dentistry authorised under section 39;
(e) a person who, while undertaking a course of training
prescribed by the regulations, performs the act of
15 dentistry under the direction of a dentist; or
(f) a person who, while being assessed by a person
approved by the Board for the purposes of
section 27(2)(e), performs the act of dentistry under the
direction of the approved person.
20 Penalty:
(a) in the case of an individual --
(i) for a first offence, $5 000; and a daily penalty
of $200;
(ii) for a second or subsequent offence, $10 000;
25 and a daily penalty of $400;
(b) in any other case --
(i) for a first offence, $10 000; and a daily
penalty of $400;
(ii) for a second or subsequent offence, $20 000;
30 and a daily penalty of $800.
page 69
Dental Bill 2005
Part 6 Offences
s. 93
93. Restrictions relating to full or partial artificial dentures
(1) Despite anything in this Act, a dental prosthetist must not fit,
construct, insert, repair or renew a partial artificial denture
unless that person --
5 (a) holds a qualification; or
(b) has successfully completed a course of training,
prescribed by the regulations.
(2) Despite anything in this Act, a dental prosthetist must not --
(a) fit or insert a full or partial artificial denture that is
10 attached to a dental implant; or
(b) fit or insert a full or partial artificial denture that sits on,
covers or is over a dental implant,
unless the denture is fitted or inserted under the direction and
control of a dentist.
15 Penalty:
(a) for a first offence, $2 500; and a daily penalty of
$100;
(b) for a second or subsequent offence, $5 000; and a
daily penalty of $200.
20 94. Use of certain titles or pretending to be registered
(1) A person must not --
(a) use the title "dentist", "dental surgeon" or "dental
practitioner" unless the person is a dentist;
(b) use the title "dental prosthetist" unless the person is a
25 dental prosthetist;
(c) use the title "dental hygienist" unless the person is a
dental hygienist;
(d) use the title "dental therapist" unless the person is a
dental therapist;
30 (e) use the title "school dental therapist" unless the person
is a school dental therapist;
page 70
Dental Bill 2005
Offences Part 6
s. 95
(f) advertise or otherwise hold out or imply, that the person
is registered or entitled, either alone or with others, to
practise dentistry, unless that person is a dentist;
(g) advertise or otherwise hold out or imply, that the person
5 is registered or entitled, either alone or with others, to
practise dental prosthetics, unless that person is a dental
prosthetist or dentist;
(h) advertise or otherwise hold out or imply, that the person
is entitled to be employed as a dental hygienist, dental
10 therapist or school dental therapist unless that person is
a dental hygienist, dental therapist or school dental
therapist; or
(i) take or use or have attached to or exhibited at any place
the description "dental company", "dental institute",
15 "dental hospital", "dental college", "college of
dentistry", "school of dentistry" unless the person
conducts a course of study for a qualification prescribed
by the rules under section 27(2)(f).
(2) A dentist must not use the title of doctor unless the dentist uses
20 the title followed by the dentist's name and the words "dentist",
"dental surgeon" or "dental practitioner".
Penalty:
(a) for a first offence, $2 500; and a daily penalty of
$100;
25 (b) for a second or subsequent offence, $5 000; and a
daily penalty of $200.
95. Information relating to certain business structures
(1) If a dentist or dental prosthetist practises dentistry or dental
prosthetics under a form of business structure recognised by law
30 (the "business") other than --
(a) a practice on his or her own account; or
(b) a partnership in which all of the partners are dentists or
dental prosthetists,
page 71
Dental Bill 2005
Part 6 Offences
s. 96
the business must give the Board written notice of the
particulars prescribed by the regulations.
Penalty: $1 000.
(2) A business must give the Board written notice of any change to
5 the particulars that the business has given to the Board within
14 days after the change occurs.
Penalty: $1 000.
(3) If a business is a partnership, this section applies to the
partnership as if the partnership were a person, but any offence
10 against this section that would otherwise be an offence by a
partnership is to be taken to have been committed by each of the
partners.
(4) In subsection (1) the reference to a form of business structure
recognised by law does not include an agency or a board as
15 defined in the Hospitals and Health Services Act 1927
section 2(1).
(5) The regulations may provide that subsections (1) and (2) do not
apply to a person or class of person specified in the regulations.
96. Undue influence
20 A person must not cause or induce a dentist or dental prosthetist
to do any thing in the course of practising dentistry or dental
prosthetics that the person is aware, or ought reasonably to be
aware, is conduct that would constitute a disciplinary matter.
Penalty:
25 (a) in the case of an individual, $25 000;
(b) in any other case, $100 000.
97. Persons may be prohibited from providing etc. dentistry or dental
prosthetics
(1) If a person is convicted of an offence against section 96, the
30 court sentencing the person for the offence may make an order
under subsection (2) or (4).
page 72
Dental Bill 2005
Offences Part 6
s. 97
(2) The court may order that, for such period, not exceeding
5 years, as is specified in the order --
(a) the person is prohibited from providing, carrying on, or
managing a business providing, dentistry or dental
5 prosthetics;
(b) the person is prohibited from having a financial interest
in a business providing dentistry or dental prosthetics; or
(c) if the person is a corporation, an executive officer of the
corporation specified in the order, who was in a position
10 to influence the conduct of the corporation in relation to
the offence, is prohibited from managing a corporation
that carries on a business providing dentistry or dental
prosthetics.
(3) For the purpose of subsection (2)(c), a person manages a
15 corporation if the person is a director, or is in any way
concerned in or takes part in the management, of the
corporation.
(4) If an order is made under subsection (2), the court may also
order that, for such period, not exceeding 5 years, as is specified
20 in the order --
(a) the person is prohibited from entering into commercial
arrangements with a person who provides, carries on, or
manages a business providing, dentistry or dental
prosthetics; or
25 (b) if the person is a corporation, an executive officer of the
corporation specified in the order, who was in a position
to influence the conduct of the corporation in relation to
the offence, is prohibited from entering into commercial
arrangements with a person who provides, carries on, or
30 manages a business providing, dentistry or dental
prosthetics.
(5) A reference in subsection (4) to a person entering into
commercial arrangements includes entering into commercial
arrangements on behalf of another person.
page 73
Dental Bill 2005
Part 6 Offences
s. 98
(6) An order under subsection (2) or (4) may apply generally or be
limited in its application by reference to specified conditions,
exceptions or factors.
(7) A person must not contravene an order under subsection (2)
5 or (4).
Penalty:
(a) in the case of an individual, $10 000, and a daily penalty
of $400;
(b) in any other case, $40 000, and a daily penalty of
10 $1 600.
98. Failure to comply with disciplinary action
A person must not contravene or fail to comply with an order of
the Board given to that person under section 58 or 63.
Penalty:
15 (a) in the case of an individual, $5 000;
(b) in any other case, $10 000.
99. False or misleading information
(1) A person must not do any of the things set out in
subsection (2) --
20 (a) in relation to an application;
(b) in relation to the compliance, or purported compliance,
with any requirement of this Act to give the Board or the
registrar advice or information; or
(c) in relation to an attempt at conciliation under section 80.
25 Penalty: $24 000 or imprisonment for 2 years.
(2) The things to which subsection (1) applies are --
(a) making a statement which the person knows is false or
misleading in a material particular;
(b) making a statement which is false or misleading in a
30 material particular, with reckless disregard as to whether
page 74
Dental Bill 2005
Offences Part 6
s. 100
or not the statement is false or misleading in a material
particular;
(c) providing, or causing to be provided, information that
the person knows is false or misleading in a material
5 particular; or
(d) providing, or causing to be provided, information that is
false or misleading in a material particular, with reckless
disregard as to whether the information is false or
misleading in a material particular.
10 100. Offences in relation to investigation
(1) Where under section 76 a person is required to give any
information, answer any question, or produce any document or
thing and that person, without reasonable excuse (proof of
which lies on the person) --
15 (a) fails to give that information or answer that question at
or within the time specified in the requirement;
(b) gives any information or answer that is false in any
particular; or
(c) fails to produce that document or thing at or within the
20 time specified in the requirement,
the person commits an offence.
Penalty:
(a) in the case of an individual, $5 000;
(b) in any other case, $10 000.
25 (2) It is a defence in any proceeding for an offence under
subsection (1)(a) or (c) for the accused to show --
(a) that, in the case of an alleged offence arising out of a
requirement made orally under section 76, the
investigator did not, when making the requirement,
30 inform the accused that he or she was required under
this Act to give the information or answer the question,
as the case may be;
page 75
Dental Bill 2005
Part 6 Offences
s. 101
(b) that, in the case of an alleged offence arising out of a
requirement made by notice in writing under section 76,
the notice did not state that he or she was required under
this Act to give the information, answer the question, or
5 produce the document or thing, as the case may be;
(c) that the time specified in the requirement did not afford
the accused sufficient notice to enable him or her to
comply with the requirement; or
(d) that, in any case, the investigator did not, before making
10 the requirement, have reasonable grounds to believe that
compliance with the requirement would materially assist
in the investigation being carried out.
101. Obstruction of investigator
A person must not prevent or attempt to prevent an investigator
15 from entering premises or otherwise obstruct or impede an
investigator in the exercise of his or her powers under
section 76.
Penalty:
(a) in the case of an individual, $5 000;
20 (b) in any other case, $10 000.
102. Assistance to execute warrant
A dentist or dental prosthetist, and any person --
(a) who engages or employs the dentist or dental prosthetist
to practise dentistry or dental prosthetics;
25 (b) who is engaged or employed by the dentist or dental
prosthetist in the person's practice; or
(c) with whom the dentist or dental prosthetist practises
dentistry or dental prosthetics in partnership,
at the premises named in the warrant is to provide all reasonable
30 assistance to an investigator executing the warrant issued under
section 78.
page 76
Dental Bill 2005
Offences Part 6
s. 103
Penalty:
(a) in the case of an individual, $2 500;
(b) in any other case, $5 000.
103. Surrender of certificate
5 (1) Where a person's type of registration is cancelled or suspended,
the person is, within 14 days after the day on which the person
is notified by the Board of the cancellation or suspension, to
surrender to the Board his or her certificate of registration in
relation to that type of registration.
10 Penalty: $1 000.
(2) The Board may direct in writing that a person whose type of
registration is suspended under section 58 is not obliged to
comply with subsection (1) and, in that case, the subsection
does not apply to that person.
15 (3) It is a defence to a prosecution for an offence against
subsection (1) if the accused satisfies the court that the failure to
surrender the certificate was due to its loss or destruction.
104. Incriminating information, questions, or documents
An individual is not excused from complying with a
20 requirement under section 76 on the ground that the answer to a
question or the production of a document or other thing might
incriminate the individual or render the individual liable to a
penalty, but neither --
(a) an answer given by the individual that was given to
25 comply with the requirement; nor
(b) the fact that a document or other thing produced by the
individual to comply with the requirement was
produced,
is admissible in evidence in any civil or criminal proceedings
30 against the individual other than proceedings for an offence
against section 100(1)(b).
page 77
Dental Bill 2005
Part 6 Offences
s. 105
105. Legal professional privilege
Nothing in Part 5 or this Part prevents a person from refusing to
answer a question, provide information or produce a document
or other thing because the answer or information would relate
5 to, or the document or thing contains, information in respect of
which the person claims legal professional privilege.
page 78
Dental Bill 2005
Codes of practice, rules and regulations Part 7
s. 106
Part 7 -- Codes of practice, rules and regulations
106. Codes of practice
(1) The Board may, with the approval of the Minister, issue codes
of practice for --
5 (a) the practice of dentistry and dental prosthetics by
dentists and dental prosthetists; and
(b) the professional conduct of other registered persons.
(2) The code of practice may adopt the provisions of other
publications, whether with or without modification or addition
10 and whether in force at a particular time or from time to time.
(3) A breach of a code of practice does not of itself constitute a
disciplinary matter for the purposes of section 51 but in any
proceedings under Part 5 such a breach may be asserted and
may be taken into account in determining any question that
15 arises under that Part.
(4) Except as provided in subsection (3), no civil or criminal
liability attaches to a person by reason only that the person has
committed a breach of a code of practice.
(5) The Interpretation Act 1984 sections 41, 42, 43 and 44 apply to
20 the code of practice as if the code of practice were regulations.
107. Rules
(1) The Board may make rules prescribing all matters required or
permitted by this Act to be prescribed by rules or necessary or
convenient to be prescribed for carrying out this Act.
25 (2) Without limiting subsection (1), rules may be made for all or
any of the following purposes --
(a) prescribing the courses of study and training, including
practical experience, to be undertaken, and the
examinations to be passed, by persons desiring to be
30 registered under this Act, and determining the
page 79
Dental Bill 2005
Part 7 Codes of practice, rules and regulations
s. 107
qualifications to be held by persons wanting to study
dentistry, dental prosthetics, dental hygiene, dental
therapy or school dental therapy;
(b) regulating the holding of examinations and the
5 appointment of examiners and for the issue of diplomas
or certificates to persons passing the examinations;
(c) regulating the practice of dentistry or dental prosthetics
by dentists or dental prosthetists and the manner of
carrying on that practice;
10 (d) prohibiting or regulating the use by a registered person
of an anaesthetic or an anaesthetic of a specified kind or
description;
(e) prescribing what diplomas, degrees or certificates of
schools of dentistry or dental prosthetics or other
15 evidence of qualification will be recognised and
accepted by the Board as a substitute for the
examinations of the Board, and whether immediately or
after further training;
(f) regulating the practice of dental specialties;
20 (g) regulating the manner in which dentists or dental
prosthetists advertise or display or publicise their
practice of dentistry or dental prosthetics.
(3) A rule made under subsection (1) has no effect unless and until
it is confirmed by the Governor.
25 (4) Nothing in subsection (3) affects the operation of the
Interpretation Act 1984 Part VI.
(5) The rules may provide that contravention of a rule is an offence,
and provide, for an offence against the rules, a penalty not
exceeding a fine of $5 000.
page 80
Dental Bill 2005
Codes of practice, rules and regulations Part 7
s. 108
108. Regulations
(1) The Governor may make regulations --
(a) prescribing all matters that are required or permitted by
the Act to be prescribed by regulation; and
5 (b) with respect to any matter on which the Board may
make rules.
(2) Without limiting subsection (1), regulations may be made for all
or any of the following purposes --
(a) regulating the meetings and proceedings of, and the
10 conduct of business by, the Board or a committee;
(b) making provisions relating to registration, including
applications for and the amendment or renewal of
registration;
(c) maintaining the accuracy of the register;
15 (d) regulating the issue, display and use of certificates of
registration;
(e) regulating the manner of making to the complaints
assessment committee any complaint against or
concerning a person who is, or was, registered and who
20 may make such a complaint;
(f) regulating the conduct of investigations under Part 5;
(g) regulating the conduct of conciliation conferences under
section 80 and the appointment of persons to preside
over those conferences;
25 (h) prescribing the fees to be paid for the purposes of this
Act and the persons liable for payment;
(i) prescribing returns and notices that are to be given to the
Board, and the manner in which they are to be given;
(j) providing that information supplied to the Board may be
30 required to be verified by statutory declaration.
(3) Where a regulation is inconsistent with a rule the regulation
prevails to the extent of the inconsistency.
page 81
Dental Bill 2005
Part 7 Codes of practice, rules and regulations
s. 109
(4) The regulations may provide that contravention of a regulation
is an offence, and provide, for an offence against the
regulations, a penalty not exceeding a fine of $5 000.
109. Forms
5 Forms that are convenient for the purposes of this Act may
be --
(a) prescribed by the regulations or rules; or
(b) approved.
page 82
Dental Bill 2005
Miscellaneous Part 8
s. 110
Part 8 -- Miscellaneous
110. Protection
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the performance or
5 purported performance of a function under this Act.
(2) The Crown is also relieved of any liability that it might
otherwise have had for another person having done anything as
described in subsection (1).
(3) The protection given by this section applies even though the
10 thing done as described in subsection (1) may have been
capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
(5) A person who, in relation to any investigation under Part 5 --
15 (a) performs any function under that Part; or
(b) is otherwise concerned in proceedings under that Part,
has, in respect of any such function or concern, the same
protection and immunity as a member or officer of the Supreme
Court, or a witness or party before the Supreme Court, would
20 have in respect of a function or concern of a like nature related
to the jurisdiction of the Supreme Court.
111. Notice of decision to be given
(1) Subsection (2) applies to the following decisions --
(a) any decision refusing an application to the Board for
25 registration;
(b) any decision to impose, or vary, a condition under
section 27, 28, 29, 30 or 35(4), otherwise than by
consent;
(c) any decision under section 29(5); or
page 83
Dental Bill 2005
Part 8 Miscellaneous
s. 112
(d) any decision to remove a name from the register under
section 44.
(2) If the Board makes a decision to which this subsection applies,
it is to record the grounds on which the decision was based, and
5 its reasons, and is as soon as is practicable, but in any case not
later than 30 days after making the decision, to give written
notice of the decision, together with those grounds and reasons,
to the person to whom the decision relates.
112. Review
10 A person who is aggrieved by --
(a) an order under section 58 or 63; or
(b) a decision referred to in section 111(1),
may apply to the State Administrative Tribunal for a review of
the order or decision.
15 113. Publication of proceedings etc.
(1) Subsection (2) applies to the following --
(a) the Board, any member of the Board, the registrar or any
officer or delegate of the Board or registrar;
(b) any committee or any member of a committee or person
20 referred to in section 16(5);
(c) any board or authority outside the State charged with
regulating the registration and supervision of registered
persons or any officer or agent of, or person engaged or
employed by, the board or authority;
25 (d) any journalist for, the proprietor or any person
concerned in the publication or operation of, any
newspaper or periodical or of any electronic medium.
(2) Without limiting the operation of section 110, no action, claim
or demand lies against a person to whom this subsection applies
30 in respect of the communication or publication in good faith of
any finding, reason or decision of the Board, the complaints
page 84
Dental Bill 2005
Miscellaneous Part 8
s. 114
assessment committee, the impairment review committee or the
State Administrative Tribunal.
(3) The Board may give notice of a finding, reason or decision of
the Board, the complaints assessment committee, the
5 impairment review committee or the State Administrative
Tribunal in respect of a person to --
(a) any person referred to in subsection (1)(c) or (d);
(b) any body that has granted the person a qualification that
is entered in the register;
10 (c) any relevant professional association or trade union of
which the person is a member;
(d) in the case of a dentist or dental prosthetist, any person
who has engaged or employed the person to practise
dentistry or dental prosthetics or any person with whom
15 the person practises dentistry or dental prosthetics in
partnership;
(e) in the case of a dental hygienist, dental therapist or
school dental therapist, any person who engaged or
employed or engages or employs the person as a dental
20 hygienist, dental therapist or school dental therapist; and
(f) any other person who, in the opinion of the Board,
should be made aware of the finding, reason or decision,
and may publish notice of the finding, reason or decision in the
Gazette or in such other manner as the Board thinks fit.
25 114. Legal proceedings
(1) Any proceedings for an offence against this Act may be taken in
the name of the Board by the registrar or any other person
authorised in that behalf by the Board.
(2) All proceedings for offences against this Act are to be heard by
30 a court of summary jurisdiction constituted by a magistrate.
page 85
Dental Bill 2005
Part 8 Miscellaneous
s. 115
(3) In any proceedings no proof is required of --
(a) the appointment of a member or deputy of a member of
the Board or a member of a committee; or
(b) the authorisation of a person under subsection (1),
5 but an averment in a prosecution notice that the person is so
appointed or authorised is to be taken to be proved in the
absence of evidence to the contrary.
(4) In all courts and before all persons and bodies authorised to
receive evidence, in the absence of evidence to the contrary --
10 (a) a certificate purporting to be issued on behalf of the
Board and stating that a person was or was not
registered by the Board, the conditions to which a
registration was subject, or that a person's type of
registration was suspended, on any day or days or during
15 a period mentioned in the certificate, is evidence of the
matters so stated;
(b) a copy of or extract from a register or any statement that
purports to reproduce matters entered in the register that
is certified by the registrar as a true copy, extract or
20 statement, is evidence of the facts appearing in that
copy, extract or statement; and
(c) judicial notice is to be taken of the fact that a person is
the holder of the office of registrar and of the signature
of the registrar on a certificate purporting to be issued
25 under paragraph (b).
(5) A notice or appointment purporting to be signed by the
chairperson or a person referred to in section 53(5)(b)
or 54(4)(b) is to be presumed to be duly signed until the
contrary is shown.
30 115. Liability of certain officers of body corporate: offences
(1) If a body corporate is charged with an offence under this Act,
every person who was an officer of the body corporate at the
page 86
Dental Bill 2005
Miscellaneous Part 8
s. 116
time of the alleged offence may also be charged with the
offence.
(2) If a body corporate and an officer are charged as permitted by
subsection (1) and the body corporate is convicted of the
5 offence, the officer is to be taken to have also committed the
offence, subject to subsection (5).
(3) If a body corporate commits an offence under this Act, then,
although the body corporate is not charged with the offence,
every person who was an officer of the body corporate at the
10 time the offence was committed may be charged with the
offence.
(4) If an officer is charged as permitted by subsection (3) and it is
proved that the body corporate committed the offence, the
officer is to be taken to have also committed the offence, subject
15 to subsection (5).
(5) If under this section an officer is charged with an offence it is a
defence to prove --
(a) that the offence was committed without the officer's
consent or connivance; and
20 (b) that the officer took all the measures to prevent the
commission of the offence that he or she could
reasonably be expected to have taken having regard to
the officer's functions and to all the circumstances.
116. Review of Act
25 (1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
expiration of 5 years from its commencement, and in the course
of that review the Minister is to consider and have regard to --
(a) the effectiveness of the operations of the Board;
30 (b) the need for the continuation of the functions of the
Board; and
page 87
Dental Bill 2005
Part 8 Miscellaneous
s. 117
(c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
(2) The Minister is to prepare a report based on the review made
under subsection (1) and as soon as is practicable after the
5 preparation of the report, cause it to be laid before each House
of Parliament.
117. Repeals
(1) The Dental Act 1939 is repealed.
(2) The Dental Prosthetists Act 1985 is repealed.
10 (3) The Dental Board Elections Regulations are repealed.
(4) The Dental Board Rules 1973 are repealed.
(5) The Dental Charges Committee Regulations 1973 are repealed.
(6) The Dental Prosthetists Regulations 1986 are repealed.
118. Transitional and savings provisions
15 Schedule 2 sets out transitional and savings provisions.
119. Consequential amendments
Schedule 3 sets out consequential amendments.
page 88
Dental Bill 2005
Constitution and proceedings of the Board Schedule 1
General provisions Division 1
cl. 1
Schedule 1 -- Constitution and proceedings of the Board
[s. 8]
Division 1 -- General provisions
1. Term of office
5 (1) Subject to clause 4, a member of the Board holds office for such term,
not exceeding 3 years, as is specified in the member's instrument of
appointment.
(2) Subject to subclause (3), a member of the Board is not to hold office
for more than 9 years, consecutively or otherwise.
10 (3) If in the opinion of the Minister there are special reasons for doing so,
a person may be appointed so that he or she holds office for more than
9 years, consecutively or otherwise.
2. Functions of deputy presiding member
(1) The deputy presiding member is to perform the functions of the
15 presiding member when the presiding member is unable to do so by
reason of illness, absence or other cause, or when the office of
presiding member is vacant.
(2) No act or omission of the deputy presiding member acting as
presiding member is to be questioned on the ground that the occasion
20 for his or her so acting had not arisen or had ceased.
3. Deputy members
(1) The Minister may appoint an eligible person to be a deputy of a
member and may terminate such an appointment at any time.
(2) The provisions of section 6 that apply to and in relation to the
25 appointment of a member apply, with any necessary modification, to
and in relation to the appointment of the deputy of that member.
(3) A deputy of a member may perform the functions of the member
when the member is unable to do so by reason of illness, absence or
other cause.
page 89
Dental Bill 2005
Schedule 1 Constitution and proceedings of the Board
Division 1 General provisions
cl. 4
(4) Despite anything in this Act, a deputy of a member may continue to
act as a member, after the occasion for so acting has ceased, for the
purpose of completing any function.
(5) A deputy of a member, while acting as a member, has all the
5 functions of and all the protection given to a member.
(6) No act or omission of a person acting in place of another under this
clause is to be questioned on the ground that the occasion for so
acting had not arisen or had ceased.
4. Vacation of office by member
10 (1) A member of the Board may resign from office by notice in writing
given to the Minister.
(2) A member who resigns under subclause (1) is to give a copy of the
notice of resignation to the registrar.
(3) A member of the Board may be removed from office by the
15 Minister --
(a) for mental or physical disability, incompetence, neglect of
duty or misconduct that impairs the performance of the
member's duties;
(b) if the member is an insolvent under administration, as that
20 term is defined in the Corporations Act section 9;
(c) if the member is absent without leave of the Board from
3 consecutive meetings of the Board of which the member
has had notice; or
(d) for any other act or omission that in the opinion of the
25 Minister may cause prejudice or injury to the Board.
(4) A member of the Board must be removed from office by the Minister
if the member ceases to hold a position or qualification by virtue of
which the member was appointed or if, in the case of a member who
is a registered person, the registration of that member under this Act is
30 suspended.
5. General procedure concerning meetings
(1) The presiding member is to preside at all meetings of the Board at
which he or she is present.
page 90
Dental Bill 2005
Constitution and proceedings of the Board Schedule 1
General provisions Division 1
cl. 6
(2) If both the presiding member and deputy presiding member are absent
from a meeting the members present are to appoint one of their
number to preside.
(3) A quorum for a meeting of the Board is 6 members.
5 (4) The procedure for convening meetings of the Board and the conduct
of business at those meetings is, subject to this Act, to be as
determined by the Board.
6. Voting
(1) A decision of the majority of members at a meeting of the Board at
10 which a quorum is present is the decision of the Board.
(2) If the votes of members present at a meeting and voting are equally
divided the member presiding at the meeting is to have a casting vote
in addition to a deliberative vote.
7. Holding meetings remotely
15 The presence of a person at a meeting of the Board need not be by
attendance in person but may be by that person and each other person
at the meeting being simultaneously in contact by telephone, or other
means of instantaneous communication.
8. Resolution without meeting
20 A resolution in writing signed by each member of the Board or
assented to by each member by letter, facsimile transmission,
electronic mail or other written means has effect as if it had been
passed at a meeting of the Board.
9. Minutes
25 The Board is to ensure that an accurate record is kept and preserved of
the proceedings at each meeting of the Board and of each resolution
passed by the Board.
page 91
Dental Bill 2005
Schedule 1 Constitution and proceedings of the Board
Division 2 Disclosure of interests etc.
cl. 10
Division 2 -- Disclosure of interests etc.
10. Meaning of "member"
In this Division --
"member" means a member of the Board or a member of a
5 committee, as the case may be.
11. Disclosure of interests
(1) A member who has a material personal interest in a matter being
considered or about to be considered by the Board or a committee
must, as soon as possible after the relevant facts have come to the
10 member's knowledge, disclose the nature of the interest at a meeting
of the Board or the committee.
Penalty: $10 000.
(2) A disclosure under subclause (1) is to be recorded in the minutes of
the meeting.
15 12. Exclusion of interested member
(1) A member who has a material personal interest in a matter that is
being considered by the Board or a committee --
(a) must not vote, whether at a meeting or otherwise, on the
matter; and
20 (b) must not be present while the matter is being considered at a
meeting.
(2) In subclause (1)(a) or (b) a reference to a matter also refers to a
proposed resolution under clause 13 in respect of the matter, whether
relating to that member or a different member.
25 13. Board or committee may resolve that clause 12 inapplicable
Clause 12 does not apply if the Board or a committee has at any time
passed a resolution that --
(a) specifies the member, the interest, and the matter; and
(b) states that the members voting for the resolution are satisfied
30 that the interest should not disqualify the member from
considering or voting on the matter.
page 92
Dental Bill 2005
Constitution and proceedings of the Board Schedule 1
Disclosure of interests etc. Division 2
cl. 14
14. Quorum where clause 12 applies
(1) Despite clause 5(3), when the Board is dealing with a matter in
relation to which a member of the Board is disqualified under
clause 12, 5 members who are entitled to vote on any motion that may
5 be moved in relation to the matter constitute a quorum.
(2) The Minister may deal with a matter to the extent that the Board
cannot deal with it because of subclause (1).
15. Minister may declare clause 12 or 14 inapplicable
(1) The Minister may by writing declare that clause 12 or 14 does not
10 apply in relation to a specified matter, either generally or for the
purpose of dealing with particular proposed resolutions.
(2) The Minister is to, within 14 sitting days after a declaration under
subclause (1) is made, cause a copy of the declaration to be laid
before each House of Parliament.
page 93
Dental Bill 2005
Schedule 2 Transitional and savings
Division 1 Preliminary
cl. 1
Schedule 2 -- Transitional and savings
[s. 118]
Division 1 -- Preliminary
1. Terms used in this Schedule
5 In this Schedule --
"commencement day" means the day on which this Act comes into
operation;
"liability" means any liability, duty or obligation whether actual,
contingent or prospective, liquidated or unliquidated, or whether
10 owed alone or jointly or jointly and severally with any other
person;
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective;
"the former Board" means The Dental Board of Western Australia
15 established under the repealed Dental Act;
"the new Board" means the Dental Board of Western Australia
established under this Act;
"the repealed Dental Act" means the Dental Act 1939;
"the repealed Dental Prosthetists Act" means the Dental
20 Prosthetists Act 1985.
2. Interpretation Act 1984 not affected
The provisions of this Schedule do not prejudice or affect the
application of the Interpretation Act 1984 to and in relation to the
repeals effected by section 117.
25 Division 2 -- Transitional and savings provisions relating to the
repealed Dental Act
3. The Board continues
(1) The new Board is a continuation of, and the same legal entity as, the
former Board and the rights and liabilities of the entity are not
30 affected.
page 94
Dental Bill 2005
Transitional and savings Schedule 2
Transitional and savings provisions relating to the repealed Division 2
Dental Act
cl. 4
(2) If in a written law or other document or instrument there is a reference
to the former Board, that reference may, where the context so
requires, be read as if it had been amended to be a reference to the
new Board.
5 4. Board members
(1) A member of the former Board ceases to be a member on the
commencement day.
(2) Six of the members of the new Board as first constituted under this
Act are to hold office for such term, not exceeding 18 months, as is
10 specified in the member's instrument of appointment.
5. The registrar and other staff
(1) The registrar of the former Board who held office immediately before
the commencement day continues in office, under and subject to this
Act, as the registrar of the new Board.
15 (2) The other officers of the former Board who held office immediately
before the commencement day continue in office, under and subject to
this Act, as officers of the new Board.
(3) A person mentioned in subclause (1) or (2) is to be regarded as having
been engaged or employed, as is relevant, under this Act.
20 (4) Except as otherwise agreed by a person mentioned in subclause (1)
or (2), the remuneration, existing or accrued rights, rights under a
superannuation scheme or continuity of service of the person are not
affected, prejudiced or interrupted by the operation of subclause (1)
or (2) or the repeal of the Dental Act 1939.
25 (5) The rights under a superannuation scheme of a person who was a
registrar or officer of the former Board are not affected, prejudiced or
interrupted by the repeal of the Dental Act 1939.
6. Persons registered under the repealed Dental Act
(1) A natural person who immediately before the commencement day
30 was registered under the repealed Dental Act as a dentist, dental
hygienist, dental therapist or school dental therapist is, on the
commencement day, to be taken to be registered as a dentist, dental
hygienist, dental therapist or school dental therapist under this Act for
page 95
Dental Bill 2005
Schedule 2 Transitional and savings
Division 2 Transitional and savings provisions relating to the repealed
Dental Act
cl. 7
the period that, and subject to the same conditions as, applied to that
person's registration under the repealed Dental Act.
(2) A natural person who immediately before the commencement day
was registered under the repealed Dental Act section 44A is, on the
5 commencement day, to be taken to be registered as a dentist under
this Act for the period that, and subject to the same conditions as,
applied to that person's registration under the repealed Dental Act.
(3) If under subclause (1) or (2) a person is to be taken to be registered
under this Act, the new Board may within 6 months of the
10 commencement day, by notice in writing to the person, impose the
conditions referred to in section 30(2) on the person's registration
under this Act.
7. Register
The register kept under the repealed Dental Act section 17
15 immediately before the commencement day is to be taken to be the
register required to be kept under section 40.
8. Registration certificates issued under the repealed Dental Act
A registration certificate or certificate of temporary registration in
force under the repealed Dental Act immediately before the
20 commencement day is, subject to this Act, to be taken to be a
certificate of registration for the purposes of this Act.
9. Licences issued under the repealed Dental Act
A licence issued and in force under the repealed Dental Act
immediately before the commencement day is to be taken to be a
25 certificate of registration for the purposes of this Act until, subject to
this Act, the time when that licence would have expired under the
repealed Dental Act.
10. Restoration of certain names to the register
If a person's name has been struck off the register under the repealed
30 Dental Act section 30(1ab), section 35 applies to that person as if the
person were a disqualified person as defined in section 35(1).
page 96
Dental Bill 2005
Transitional and savings Schedule 2
Transitional and savings provisions relating to the repealed Division 2
Dental Act
cl. 11
11. Suspensions
If immediately before the commencement day a person was
suspended under the repealed Dental Act section 30(3)(e) or (f),
section 87 applies to the suspension as if the person had been
5 suspended under section 82(1)(j).
12. Undertakings under the repealed Dental Act
(1) If a person has given an undertaking under a provision of the repealed
Dental Act that undertaking is not affected by the repeal of that Act.
(2) If the new Board is satisfied that the person has breached the
10 undertaking before, on or after the commencement day, the Board
may deal with the person as if the person had failed to comply with an
undertaking given under a provision of this Act.
13. Allegations being dealt with by the former Board
If immediately before the commencement day the former Board was
15 dealing with an allegation against a person who is or was a registered
person, the new Board is to refer the allegation to the complaints
assessment committee and that committee is to deal with it as it were
a complaint under section 55(1) or (2).
14. Investigations
20 If immediately before the commencement day an investigator was
investigating a complaint under the repealed Dental Act Part IV
Division 1, the investigator is to continue investigating the matter as if
he or she had been appointed under Part 5 Division 7 of this Act and
the appointing body were the complaints assessment committee.
25 15. Disciplinary proceedings
If an allegation has been made to the State Administrative Tribunal
under the repealed Dental Act section 30(1aa) or referred to that
Tribunal under the repealed Dental Act section 30(2) before the
commencement day but not finally determined before that day, the
30 allegation is to be dealt with and determined under section 82 or 83,
as the case may require, as if an allegation had been made under this
Act.
page 97
Dental Bill 2005
Schedule 2 Transitional and savings
Division 3 Transitional and savings provisions relating to the repealed
Dental Prosthetists Act
cl. 16
16. Failure to comply with an order made under the repealed
Dental Act
If immediately before the commencement day an order made by the
former Board was in effect in relation to a person under the repealed
5 Dental Act, that order is not affected by the repeal of that Act and
failure to comply with it before, on or after the commencement day
may be dealt with under section 98 as if the order were an order made
under section 58 or 63, as the case requires.
17. Annual report for part of a year
10 (1) The former Board is to make and submit an annual report as required
by the repealed Dental Act section 14C, but limited to the period from
30 June preceding the commencement day to the commencement day,
and that section applies as if that period were a year.
(2) Despite the repeal of the repealed Dental Act and this Schedule, the
15 former Board remains in existence for the purpose of subclause (1)
and is entitled to receive from the new Board and its staff such
assistance as it may require for the purpose.
Division 3 -- Transitional and savings provisions relating to the
repealed Dental Prosthetists Act
20 18. Persons licensed under the repealed Dental Prosthetists Act
(1) A person who immediately before the commencement day --
(a) was licensed under the repealed Dental Prosthetists Act; and
(b) held a licence to practise under that Act that was not
suspended under the repealed Dental Prosthetists Act
25 section 21 immediately before the commencement day,
is, on the commencement day, to be taken to be registered as a dental
prosthetist under this Act until 31 December immediately following
the commencement day.
(2) If under subclause (1) a person is to be taken to be registered as a
30 dental prosthetist under this Act, the registrar is to enter the name and
other particulars of that person in the register.
(3) If under subclause (1) a person is to be taken to be registered as a
dental prosthetist under this Act, the new Board may within 6 months
page 98
Dental Bill 2005
Transitional and savings Schedule 2
Transitional and savings provisions relating to the repealed Division 3
Dental Prosthetists Act
cl. 19
of the commencement day, by notice in writing to the person, impose
the conditions referred to in section 30(2) on the person's registration
under this Act.
19. Licences issued under the repealed Dental Prosthetists Act
5 A licence issued and in force under the repealed Dental Prosthetists
Act is to be taken to be a certificate of registration for the purposes of
this Act.
20. Suspension under the repealed Dental Prosthetists Act section 21
(1) If immediately before the commencement day a person's licence was
10 suspended under the repealed Dental Prosthetists Act section 21,
section 87 applies to the suspension as if the person had been
suspended under section 82(1)(j).
(2) At the end of a period of suspension determined under the repealed
Dental Prosthetists Act section 21 or the revocation of the suspension,
15 a suspended person is to be taken to be registered as a dental
prosthetist under this Act for a period of one year beginning on the
commencement day.
(3) If under subclause (2) a person is to be taken to be registered as a
dental prosthetist under this Act, the new Board may within 6 months
20 of the end of the period of suspension or the revocation, by notice in
writing to the person, impose the conditions referred to in
section 30(2) on the person's registration under this Act.
(4) If under subclause (2) a person is to be taken to be registered as a
dental prosthetist under this Act, the registrar is to enter the name and
25 other particulars of that person in a separate division of the register for
dental prosthetists.
21. Records kept under the repealed Dental Prosthetists Act
section 23
As soon as practicable after the commencement day, the
30 Commissioner for Health is to transfer to the Board records kept
under the repealed Dental Prosthetists Act section 23.
page 99
Dental Bill 2005
Schedule 2 Transitional and savings
Division 4 General
cl. 22
Division 4 -- General
22. Powers in relation to transitional provision
(1) If there is no sufficient provision in this Schedule for dealing with a
transitional matter the Governor may make regulations prescribing all
5 matters that are required, necessary or convenient to be prescribed in
relation to that matter.
(2) Regulations made under subclause (1) may provide that specific
provisions of this Act --
(a) do not apply; or
10 (b) apply with specific modifications,
to or in relation to any matter.
(3) Regulations made under subclause (1) must be made within
12 months after the commencement day.
(4) If regulations made under subclause (1) provide that a specified state
15 of affairs is to be taken to have existed, or not to have existed, on and
from a day that is earlier than the day on which the regulations are
published in the Gazette but not earlier than the commencement day,
the regulations have effect according to their terms.
(5) In subclause (4) --
20 "specified" means specified or described in the regulations.
(6) If regulations contain a provision referred to in subclause (4), the
provision does not operate so as --
(a) to affect in a manner prejudicial to any person (other than the
State), the right of that person existing before the day of
25 publication of those regulations; or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted
to be done before the day of publication of those regulations.
page 100
Dental Bill 2005
Consequential amendments Schedule 3
cl. 1
Schedule 3 -- Consequential amendments
[s. 119]
1. Civil Liability Act 2002 amended
(1) The amendments in this clause are to the Civil Liability Act 2002*.
5 [* Act No. 35 of 2002.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 65.]
(2) Section 5PA is amended in the definition of "health professional" as
follows:
10 (a) in paragraph (b) by deleting "Dental Act 1939 section 4;" and
inserting instead --
" Dental Act 2005 section 3; ";
(b) by deleting paragraph (c).
2. Constitution Acts Amendment Act 1899 amended
15 (1) The amendments in this clause are to the Constitution Acts
Amendment Act 1899*.
[* Reprint 13 as at 18 March 2005.
For subsequent amendments see Acts Nos. 1 and 2 of 2005.]
(2) Schedule V Part 3 is amended by deleting the item commencing "The
20 Dental Board of Western Australia" and inserting instead --
"
The Dental Board of Western Australia established under the
Dental Act 2005.
".
25 (3) Schedule V Part 3 is amended by deleting the item commencing "The
Dental Charges Committee".
page 101
Dental Bill 2005
Schedule 3 Consequential amendments
cl. 3
3. Co-opted Medical and Dental Services for the Northern Portion of
the State Act 1951 amended
(1) The amendments in this clause are to the Co-opted Medical and
Dental Services for the Northern Portion of the State Act 1951*.
5 [* Reprint authorised 14 April 1971.]
(2) Section 2 is amended by deleting the definition of "dentistry" and
inserting the following definition instead --
"
"dentistry" has the meaning given to that term in the
10 Dental Act 2005 section 3;
".
4. Criminal Injuries Compensation Act 2003 amended
(1) The amendments in this clause are to the Criminal Injuries
Compensation Act 2003*.
15 [* Act No. 77 of 2003.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 111.]
(2) Section 3 is amended in paragraph (a) of the definition of "health
professional" by deleting "Dental Act 1939;" and inserting instead --
20 " Dental Act 2005; ".
5. Criminal Investigation (Identifying People) Act 2002 amended
(1) The amendments in this clause are to the Criminal Investigation
(Identifying People) Act 2002*.
[* Act No. 6 of 2002.
25 For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 111-12 and Act No. 84
of 2004.]
(2) Section 52 is amended in the definition of "dentist" by deleting
"Dental Act 1939;" and inserting instead --
30 " Dental Act 2005; ".
page 102
Dental Bill 2005
Consequential amendments Schedule 3
cl. 6
6. Guardianship and Administration Act 1990 amended
(1) The amendments in this clause are to the Guardianship and
Administration Act 1990*.
[* Reprint 3 as at 1 April 2005.
5 For subsequent amendments see Acts Nos. 59 and 84 of 2004.]
(2) Section 119(4) is amended in the definition of "practitioner" by
deleting "Dental Act 1939" and inserting instead --
" Dental Act 2005 ".
7. Health Act 1911 amended
10 (1) The amendments in this clause are to the Health Act 1911*.
[* Reprint 13 as at 15 July 2005.]
(2) Section 337A(5) is amended by deleting "Dental Act 1939." and
inserting instead --
" Dental Act 2005. ".
15 8. Health Professionals (Special Events Exemption) Act 2000
amended
(1) The amendments in this clause are to the Health Professionals
(Special Events Exemption) Act 2000*.
[* Act No. 7 of 2000.]
20 (2) Section 3(1) is amended in the definition of "Health Registration Act"
as follows:
(a) by deleting "Dental Act 1939;" and inserting instead --
" Dental Act 2005; ";
(b) by deleting "Dental Prosthetists Act 1985;".
25 9. Health Services (Conciliation and Review) Act 1995 amended
(1) The amendments in this clause are to the Health Services
(Conciliation and Review) Act 1995*.
[* Reprint 2 as at 18 March 2005.]
page 103
Dental Bill 2005
Schedule 3 Consequential amendments
cl. 10
(2) Schedule 1 item 2 is amended by deleting "Dental Act 1939." and
inserting instead --
" Dental Act 2005. ".
10. Juries Act 1957 amended
5 (1) The amendments in this clause are to the Juries Act 1957*.
[* Reprint 4 as at 2 September 2005.]
(2) The Second Schedule Part II item 2 is amended by deleting "Dental
Act 1939" and inserting instead --
" Dental Act 2005 ".
10 11. Medical Act 1894 amended
(1) The amendments in this clause are to the Medical Act 1894*.
[* Reprint 6 as at 12 August 2005.]
(2) Section 19 is amended by deleting "Dental Act 1939." and inserting
instead --
15 " Dental Act 2005. ".
(3) Section 21A(2) is repealed.
12. Misuse of Drugs Act 1981 amended
(1) The amendments in this clause are to the Misuse of Drugs Act 1981*.
[* Reprint 3 as at 1 July 2005.]
20 (2) Section 3(1) is amended in the definition of "dentist" by deleting
"Dental Act 1939;" and inserting instead --
" Dental Act 2005; ".
13. Pharmacy Act 1964 amended
(1) The amendments in this clause are to the Pharmacy Act 1964*.
25 [* Reprinted as at 29 January 1999.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 338.]
page 104
Dental Bill 2005
Consequential amendments Schedule 3
cl. 14
(2) Section 5(1) is amended in the definition of "dentist" by deleting
"Dental Act 1939;" and inserting instead --
" Dental Act 2005; ".
14. Physiotherapists Act 1950 amended
5 (1) The amendments in this clause are to the Physiotherapists Act 1950*.
[* Reprinted as at 12 October 2001.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 339.]
(2) Section 2 is amended in the definition of "dentist" by deleting "Dental
10 Act 1939;" and inserting instead --
" Dental Act 2005; ".
15. Poisons Act 1964 amended
(1) The amendments in this clause are to the Poisons Act 1964*.
[* Reprinted as at 10 September 2004.
15 For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 347.]
(2) Section 5(1) is amended in the definition of "dentist" by deleting
"Dental Act 1939;" and inserting instead --
" Dental Act 2005; ".
20 (3) Section 61(b)(iii) is amended by deleting "The Dental Board of
Western Australia, constituted under the Dental Act 1939;" and
inserting instead --
"
the Dental Board of Western Australia,
25 established under the Dental Act 2005;
".
page 105
Dental Bill 2005
Schedule 3 Consequential amendments
cl. 16
16. Psychologists Registration Act 1976 amended
(1) The amendments in this clause are to the Psychologists Registration
Act 1976*.
[* Reprinted as at 3 January 2003.
5 For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 362.]
(2) Section 52(1)(b) is amended by deleting "Dental Act 1939," and
inserting instead --
" Dental Act 2005, ".
10 17. Sentencing Act 1995 amended
(1) The amendments in this clause are to the Sentencing Act 1995*.
[* Reprint 4 as at 12 August 2005.
For subsequent amendments see Act No. 75 of 2004.]
(2) Schedule 1 is amended by deleting "Dental Act 1939" and inserting
15 instead --
" Dental Act 2005 ".
18. State Administrative Tribunal Act 2004 amended
(1) The amendments in this clause are to the State Administrative
Tribunal Act 2004*.
20 [* Act No. 54 of 2004.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 427.]
(2) Schedule 1 is amended as follows:
(a) by deleting "Dental Act 1939" and inserting instead --
25 " Dental Act 2005 ";
(b) by deleting "Dental Prosthetists Act 1985".
page 106
Dental Bill 2005
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
application ....................................................................................................... 3
appointing body.............................................................................................. 73
approved .......................................................................................................... 3
Board............................................................................................................... 3
certificate of registration................................................................................... 3
commencement day..........................................................................Sch. 2, cl. 1
committee ........................................................................................................ 3
complainant...................................................................................................... 3
complaint ......................................................................................................... 3
complaints assessment committee..................................................................... 3
condition .......................................................................................................... 3
Corporations Act .............................................................................................. 3
dental hygienist ................................................................................................ 3
dental prosthetics.............................................................................................. 3
dental prosthetics student............................................................................91(1)
dental prosthetist .............................................................................................. 3
dental student ................................................................................................... 3
dental therapist ................................................................................................. 3
dentist .............................................................................................................. 3
dentistry........................................................................................................... 3
department ....................................................................................................... 3
Director............................................................................................................ 3
disciplinary matter............................................................................................ 3
disqualified person .....................................................................................35(1)
document ......................................................................................................... 3
full artificial denture......................................................................................... 3
impairment....................................................................................................... 3
impairment matter ............................................................................................ 3
impairment review committee........................................................................... 3
information ................................................................................................14(1)
insolvent ....................................................................................................48(1)
investigator ...................................................................................................... 3
legal practitioner............................................................................................... 3
liability ............................................................................................Sch. 2, cl. 1
medical practitioner.......................................................................................... 3
member.......................................................................................... Sch. 1, cl. 10
member of the Board........................................................................................ 3
officer .............................................................................................................. 3
partial artificial denture..................................................................................... 3
page 107
Dental Bill 2005
Schedule 3 Consequential amendments
Defined Terms
presiding member............................................................................................. 3
professional indemnity insurance ................................................................30(1)
register............................................................................................................. 3
registered ......................................................................................................... 3
registered person .............................................................................................. 3
registrar............................................................................................................ 3
registration ....................................................................................................... 3
respondent........................................................................................................ 3
right .................................................................................................Sch. 2, cl. 1
school dental service......................................................................................... 3
school dental therapist ...................................................................................... 3
specified.....................................................................................Sch. 2, cl. 22(5)
the former Board ..............................................................................Sch. 2, cl. 1
the new Board ..................................................................................Sch. 2, cl. 1
the repealed Dental Act ....................................................................Sch. 2, cl. 1
the repealed Dental Prosthetists Act ..................................................Sch. 2, cl. 1
type of registration ........................................................................................... 3
page 108
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