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Dental Prosthetists Registration Act 1996
An Act to provide for the registration of dental prosthetists (also known as dental mechanics), the regulation of dental prosthetic services and for related purposes
[Royal Assent 16 December 1996]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Dental Prosthetists Registration Act 1996 .
This Act commences on a day to be proclaimed.
(1) In this Act, unless the contrary intention appears –applicant means a person who submits an application to the Board;application means an application to be registered as a dental prosthetist;approved means approved by the Board;Board means the Dental Prosthetists Registration Board;business address means the address of the premises at or from which a person provides dental prosthetic services;certificate of registration means a certificate issued by the Board under section 29 or 37 ;chairperson means chairperson of the Board;committee means a committee established by the Board under section 12 ;committee of inquiry means a committee that conducts an inquiry;complaint means a complaint made under section 42 ;Conference means the Conference of State/Territory Registration Boards of Dental Technicians and/or Dental Prosthetists;contravene includes fail to comply;defendant means a registered dental prosthetist who is the subject of an investigation;dental prosthetist means a person who provides dental prosthetic services;dental prosthetists registration authority means a body established under the law of another State or of a Territory having functions similar to the functions of the Board;dental technician means a person who makes dental prostheses according to the prescription or order of a dental prosthetist, dentist or medical practitioner for supply to that dental prosthetist, dentist or medical practitioner;dentist means a person who is registered as a dentist under the Dental Practitioners Registration Act 2001 ;denture includes a partial denture;disciplinary committee means a committee that conducts an investigation;financial year means the 12 month period ending on 30 June in any year;fitting includes the taking of an impression or making a measurement for the purposes of inserting, constructing, repairing, adjusting or maintaining a denture or mouthguard;foreign dental prosthetics law means a law of a jurisdiction outside this State relating to the registration, licensing or enrolment of dental prosthetists;functions includes duties;inquiry means an inquiry under Division 2 of Part 3 ;interim certificate of registration means an interim certificate of registration issued by the Registrar under section 23 ;investigation means an investigation under Division 2 of Part 4 ;medical practitioner means a registered medical practitioner;member means member of the Board and includes the chairperson;notice means notice in writing;professional indemnification agreement means an agreement entered into between a dental prosthetist and an insurer providing for the indemnification of the dental prosthetist in respect of civil liability that he or she may incur in providing dental prosthetic services;register means the Register of Dental Prosthetists kept under section 31 ;registered means registered under this Act;registered dental prosthetist means a person who is registered as a dental prosthetist;Registrar means the Registrar of the Board appointed under section 13 ;report includes publish;Secretary means Secretary of the Department;specified means specified in writing by the Board.(2) If the Conference of State/Territory Registration Boards of Dental Technicians and/or Dental Prosthetists changes its name, the Governor, by order, may amend this Act by substituting that body's new name.(3) If the Conference of State/Territory Registration Boards of Dental Technicians and/or Dental Prosthetists ceases to exist, the Governor, by order, may amend this Act by substituting the name of a body that the Governor is satisfied has a function similar to that of the defunct body.
4. What are dental prosthetic services?
(1) For the purposes of this Act, dental prosthetic service means –(a) advice or attention given for the purposes of, or in connection with, the fitting, insertion, construction, alteration, repair or maintenance of a denture; and(b) the fitting or insertion of a denture in a healthy human mouth; and(c) in accordance with guidelines issued by the Board, the fitting or insertion of a denture in a person's mouth containing carious teeth in circumstances where the person has been informed of the existence of the carious teeth and has nevertheless requested the fitting or insertion of the denture; and(d) the construction, repair or maintenance of a denture in connection with the performance of a function referred to in paragraph (a) or (b) ; and(e) the fitting and insertion of a mouthguard in a human mouth.(2) A dental prosthetic service does not include the fitting or insertion of a denture in circumstances where, in the proper practice of dentistry, it could be reasonably foreseen that, before any such work is commenced, an adjustment of natural teeth, restorations or the jaw would be required for the purpose of –(a) balancing the occlusion of natural teeth, restorations, or the denture; or(b) preparing natural teeth, restorations or the jaw for the insertion of the denture.(3) For the purposes of subsection (1) , a denture does not include a fixed bridge or crown.(4) For the purposes of subsection (1) (b) , a human mouth is not healthy if –(a) the jaws are apparently –(i) diseased; or(ii) damaged and not completely healed; or(b) the mouth contains any soft tissue that is apparently –(i) diseased; or(ii) damaged and not completely healed; or(c) the mouth contains any teeth that are apparently –(i) diseased; or(ii) carious; or(iii) damaged and not completely healed.
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
PART 2 - Dental Prosthetists Registration Board
Division 1 - The Board
(1) The body corporate constituted by section 44 of the Dental Act 1982 continues under the name "Dental Prosthetists Registration Board".(2) The Board –(a) has perpetual succession and a common seal; and(b) may acquire, hold, dispose of and otherwise deal with property; and(c) may sue and be sued in its corporate name.
(1) The Board consists of –(a) 3 registered dental prosthetists nominated by the Minister from a list of names submitted by such bodies representing the professional interests of dental prosthetists as the Minister determines; and(b) 2 persons, who are not dental prosthetists, nominated by the Minister to represent the interests of the consumers of dental prosthetic services.(2) The members are appointed by the Governor.(3) The Governor may appoint a member as chairperson.(4) The Minister may request the bodies referred to in subsection (1) (a) to provide the Minister with a list of names for the purposes of that subsection.(5) If the bodies that have been requested by the Minister to provide a list of names for the purposes of subsection (1) (a) fail to provide that list within such period of not less than 2 months as is specified in the request, the Minister may nominate persons for the purposes of that subsection without further reference to those bodies.(6) Schedule 1 has effect with respect to membership of the Board.(7) Schedule 2 has effect with respect to meetings of the Board.
Division 2 - Functions, powers and objectives
The Board has the following functions:(a) to administer the scheme of registration under Part 3 ;(b) to investigate complaints and, as necessary, undertake disciplinary action against registered dental prosthetists;(c) to prosecute offences against this Act;(d) to monitor the standard of services provided by dental prosthetists in this State;(e) to monitor standards of education and training in dental prosthetic work;(f) to advise the Minister on matters relating to this Act;(g) such other functions as are imposed on the Board by this or any other Act or as may be prescribed.
The Board has power to do all things necessary or convenient to be done in connection with the performance of its functions and, in particular, has power to –(a) share information with dental prosthetists registration authorities, the Conference and other relevant bodies; and(b) support education and training in dental prosthetics; and(c) cause inspections to be made of the business premises of dental prosthetists and of other premises at which dental prosthetic work is carried out; and(d) hold examinations; and(e) issue guidelines for the purposes of section 4 (1) (c) ; and(f) do anything incidental to any of its powers.
The Board must perform its functions and exercise its powers so as to –(a) ensure that dental prosthetic services provided to the public are of the highest possible standard; and(b) ensure that persons who provide dental prosthetic services do so according to the highest professional standard; and(c) guard against unsafe, incompetent and unethical dental prosthetic practices.
The Board may delegate any of its functions or powers, other than this power of delegation, to a member, the Registrar or a committee.
Division 3 - Miscellaneous
(1) The Board may establish such committees as it considers necessary for the purposes of assisting it in the performance of any of its functions or the exercise of any of its powers or advising it on any matter relating to this Act.(2) Except as otherwise provided in this Act, a committee comprises such persons as the Board appoints.(3) A member of the Board may be a member of a committee.(4) Subject to subsection (5) , a member of a committee is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Board may from time to time determine and any such remuneration is to be paid by the Board.(5) A member of a committee who is a State Service officer or State Service employee is not entitled to remuneration under subsection (4) except with the approval of the Minister administering the State Service Act 2000 .(6) The Board may give written directions to a committee and the committee must comply with any such directions.(7) A committee must keep accurate minutes of its proceedings.(8) Except as otherwise provided in this Act, a committee may regulate its own proceedings.
(1) The Board must appoint a Registrar and may appoint such other employees as may be necessary for the performance of its functions and the exercise of its powers.(2) The Registrar is to act as secretary to the Board.(3) The State Service Act 2000 does not apply to employees of the Board.
14. Use by Board of services of persons
(1) The Board may arrange with the Head of a State Service Agency for the services of State Service officers and State Service employees employed in that Agency to be made available to the Board.(2) The Board may arrange with any other person for the services of persons employed by that person to be made available to the Board.(3) The cost of making a person's services available to the Board in accordance with this section is to be met by the Board.
(1) A person who is an employee of the Board or a member of a committee does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act.(2) A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint.
Division 4 - Finance and reports
(1) The Board is to keep such authorised deposit-taking institution accounts as it considers necessary.(2) The funds of the Board are to be paid to the credit of such of the accounts referred to in subsection (1) as the Board determines and are to consist of –(a) money received by way of fees, fines, penalties and charges paid to or recovered by the Board; and(b) any money borrowed by the Board; and(c) any money received by the Board from other sources.(3) The funds of the Board are to be applied –(a) in payment or discharge of the expenses, charges and obligations incurred or undertaken by the Board in the performance of its functions and the exercise of its powers; and(b) in the payment of any remuneration payable by the Board.(4) The Board may invest any money that it is holding in any manner in which a trustee is authorised by law to invest trust funds.
(1) The accounts and records of the Board are subject to the Financial Management and Audit Act 1990 .(2) The Board must pay into the Consolidated Fund such amounts as the Treasurer may require towards the reasonable costs and expenses of audits conducted pursuant to this section.
The Board must keep proper accounts and records of its financial affairs and, not later than 15 August after the end of each financial year, prepare a statement of accounts in a form approved by the Auditor-General exhibiting a true and correct view of the financial position and transactions of the Board for that financial year.
(1) The Board must, not later than 31 August after the end of each financial year, give the Minister a report on its operations for that financial year.(2) The report is to incorporate the audited statement of accounts prepared for the relevant financial year under section 18 .(3) The Minister may, in writing, direct the Board to prepare the report in a particular way or to include particular information in the report.(4) The report may be appended to the annual report of the Department.(5) Subsection (4) has effect notwithstanding section 36(3) of the State Service Act 2000 and section 27 (2) of the Financial Management and Audit Act 1990 .(6) If the Board's report is not appended to the annual report of the Department, the Minister must cause the Board's report to be laid before each House of Parliament by not later than 31 October after the end of the financial year to which it relates.
PART 3 - Registration
Division 1 - Applying for registration
20. Who may apply for registration?
A person may apply to the Board to be registered as a dental prosthetist if he or she –(a) is a graduate of an institution accredited by the Conference; or(b) has passed a qualifying examination held by or on behalf of the Conference; or(c) has a prescribed qualification in dental prosthetics; or(d) has a qualification in dental prosthetics that the Board considers to be at least substantially equivalent to a prescribed qualification; or(e) has experience or training in the practice of dental prosthetic services that the Board considers to be at least substantially equivalent to a prescribed qualification.
(1) An application is to be –(a) in a form approved by the Board; and(b) lodged with the Registrar; and(c) accompanied by the prescribed application fee and prescribed annual registration fee; and(d) accompanied by such information or evidence as the Board requires.(2) The Board may require an applicant to provide such further information or evidence as it considers necessary in order to consider the application.(3) The Board may waive the payment of all or part of the prescribed application fee or prescribed annual registration fee.
Division 2 - Determination of entitlement
22. Entitlement to registration
(1) An applicant is entitled to be registered as a dental prosthetist if the Board is satisfied that the applicant –(a) is eligible for registration; and(b) has sufficient physical capacity, mental capacity and skill to provide dental prosthetic services; and(c) is of good fame and character; and(d) has an adequate command of the English language; and(e) is an Australian citizen or resides in a State or Territory of the Commonwealth.(2) Notwithstanding subsection (1) , the Board may determine that an applicant is not entitled to be registered unless –(a) the applicant has entered into or acceded to an approved professional indemnification agreement; or(b) the Board is satisfied that, immediately upon registration, the applicant will enter into or accede to such an agreement.
(1) The Registrar may grant an applicant interim registration if the Registrar reasonably considers that the applicant is entitled to be registered as a dental prosthetist but that it is not practicable to wait until the Board can consider the application.(2) Interim registration may be granted unconditionally or subject to conditions.(3) The Registrar must issue an interim certificate of registration to a person who is granted interim registration.(4) The interim certificate of registration is to be in such form, and contain such information, as the Registrar determines.(5) A person to whom interim registration is granted is taken to be a registered dental prosthetist for the period during which the interim registration is in force subject to the conditions, if any, determined by the Registrar and specified in the interim certificate of registration.(6) An interim registration is in force from the date on which it is granted until the date on which the person to whom it has been granted receives notice that the Board has –(a) registered the person; or(b) refused to register the person; or(c) cancelled the person's interim registration.(7) The Board may cancel a person's interim registration for any reason it considers sufficient.(8) If the Board decides to cancel a person's interim registration it must immediately give the person notice of its decision and the reasons for its decision.(9) A notice under subsection (8) is to be served personally on the affected person and, on the service of the notice, the person's interim registration is cancelled.
(1) The Board may hold an inquiry to determine the entitlement of an applicant to be registered.(2) Unless the Board determines otherwise, an inquiry is to be conducted by a committee established pursuant to section 12 and constituted by not less than 3 persons at least 2 of whom are to be registered dental prosthetists.(3) A committee established for the purposes of this section is called a committee of inquiry.(4) Schedule 3 has effect in relation to the powers and procedures of committees of inquiry.(5) In a case to which this section applies, the Registrar must give notice to the applicant and the Secretary of –(a) the reasons for holding the inquiry; and(b) the date, time and place set for the hearing of the inquiry.(6) A notice under subsection (5) given to an applicant is to inform the applicant of the applicant's right to be represented in the inquiry.(7) A notice under subsection (5) is to be given to the applicant at least 14 days before the date, or the first date, set for the hearing of the inquiry.
25. Recommendation of committee of inquiry
(1) After conducting an inquiry, a committee of inquiry must provide the Board with a written report containing –(a) a recommendation as to whether the applicant is entitled to be registered as a dental prosthetist and, if so, whether the registration should be unconditional or subject to conditions; and(b) if the committee recommends that the applicant is entitled to be registered subject to conditions – a further recommendation as to what those conditions should be.(2) A report under subsection (1) is also to –(a) contain any findings on questions of fact and the evidence or other material on which the findings are based; and(b) set out the reasons for any recommendation.
Division 3 - Grant or refusal of registration
26. Determination of application
(1) In this section, agreed period means a period agreed upon by the Board and the applicant for the purposes of this section.(2) If the Board is satisfied that an applicant is entitled to be registered it must register the applicant and it may do so unconditionally or subject to conditions.(3) In a case to which subsection (2) applies, the Board must give notice to the applicant of –(a) the applicant's registration; and(b) if the registration is conditional – the conditions to which the registration is subject and the applicant's rights of appeal and review in respect of those conditions.(4) If the Board is not satisfied that an applicant is entitled to be registered it must refuse to register the applicant.(5) If the Board does not register an applicant within a period of 3 months or a further agreed period after his or her application is lodged, the Board is taken to have refused to register the applicant.(6) In a case to which subsection (4) or (5) applies, the Board must –(a) give notice to the applicant of the refusal to register the applicant, the reasons for the refusal and the applicant's right of appeal; and(b) refund the annual registration fee that accompanied the application.
27. Special grounds for refusing to grant registration
Without limiting the matters that the Board may have regard to under section 22 (1) (b) or (c) , the Board may determine that an applicant is not entitled to be registered as a dental prosthetist if –(a) the applicant's authority to provide dental prosthetic services under a foreign dental prosthetics law has been cancelled or suspended for a reason relating to the person's professional conduct or physical or mental capacity; or(b) the applicant has been convicted in Tasmania or elsewhere of a crime or an offence of a kind that, in the Board's opinion, makes it not in the public interest to allow the applicant to provide dental prosthetic services; or(c) the Board considers it is not in the public interest to grant the application because of the applicant's habitual taking of alcohol or drugs.
28. Review of registration conditions
(1) A person may, at intervals of not less than 12 months each, apply to the Board for a review of a condition to which the person's registration is made subject under section 26 (2) .(2) A person's right under subsection (1) is in addition to that person's right of appeal under section 56 (1) (b) .(3) The Board, on its own motion, may at any time review a condition to which a person's registration is made subject under section 26 (2) .
29. Certificates of registration
(1) The Board must issue a certificate of registration to a person who is granted registration.(2) A certificate of registration is to –(a) be in such form and contain such information as the Board determines; and(b) specify the conditions, if any, to which the registration is subject.(3) A certificate of registration is evidence that, for the period or until the date specified in the certificate –(a) the person named in the certificate is a registered dental prosthetist; and(b) the person named in the certificate is entitled to provide dental prosthetic services in this State subject to the conditions, if any, specified in the certificate.(4) If the Board is satisfied that a certificate of registration has been lost or destroyed it may issue a replacement certificate, marked as such, on payment of the prescribed fee.(5) The Board, by notice, may require a registered dental prosthetist to surrender his or her certificate of registration to enable the Board to issue that dental prosthetist with a new certificate of registration with amended particulars.(6) A registered dental prosthetist who is given a notice under subsection (5) must surrender his or her certificate of registration to the Board within 14 days after receiving the notice or within such longer period as the Board may allow.Penalty: Fine not exceeding 15 penalty units.
30. Offences in relation to certificates of registration
A person who is issued with a certificate of registration or an interim certificate of registration must not –(a) lend or agree to lend that certificate to another person; or(b) allow that certificate to be used by another person.Penalty: Fine not exceeding 25 penalty units.
Division 4 - Register of Dental Prosthetists
(1) The Board must keep a register called the Register of Dental Prosthetists.(2) The Board must record the following information in the register in relation to each person who is granted registration:(a) the person's full name;(b) the person's business address;(c) the person's qualifications;(d) the date of the person's registration;(e) any conditions to which the person's registration has been made subject under section 26 (2) .(3) The Board must also record the following matters in the register:(a) the renewal of a person's registration;(b) the suspension of a person's registration;(c) any conditions to which a person's registration has been made subject under section 49 (1) (d) ;(d) the removal from the register of a person's name;(e) the restoration to the register of a person's name;(f) subject to sections 32 (3) and 33 (2) – additional qualifications gained by a registered person;(g) any change in the name of a registered person;(h) any change in the business address of a registered person.(4) The register may contain such other information as the Board considers necessary or appropriate.(5) A registered dental prosthetist, or a dental prosthetist whose registration is suspended, must, within 14 days of changing his or her name or business address, give the Board notice of the change and the new name or business address.Penalty: Fine not exceeding 15 penalty units.
(1) A registered dental prosthetist may apply to the Board to have an inaccurate or erroneous entry in the register corrected and, if the Board is satisfied that the entry is inaccurate or erroneous, it must correct the register accordingly.(2) No fee is payable for an application under subsection (1) .(3) The Board may require an applicant under subsection (1) to provide such further information or evidence as it considers necessary in order to consider the application.
33. Additional particulars and qualifications
(1) A registered dental prosthetist may apply to the Board for additional particulars or qualifications that are related to dental prosthetics to be recorded in the register.(2) An application under subsection (1) is to –(a) be accompanied by the prescribed fee; and(b) state the additional particulars or qualifications and the reasons for seeking their inclusion in the register; and(c) in the case of additional qualifications – be accompanied by evidence of the qualifications.(3) The Board may require an applicant under this section to provide such further information or evidence as it considers necessary in order to consider the application.(4) On receipt of an application under subsection (1) , the Board may –(a) record the additional particulars or qualifications in the register; or(b) refuse to record the additional particulars or qualifications in the register.(5) In a case to which subsection (4) (b) applies, the Board must give notice to the applicant of –(a) its refusal to record the additional particulars or qualifications in the register and the reasons for the refusal; and(b) the applicant's right of appeal.
(1) A person may, on payment of the prescribed fee, inspect the register at the office of the Board.(2) A person inspecting the register may, on payment of the prescribed fee, obtain a copy of or extract from the register.(3) The Board may waive the payment of all or part of the prescribed fee for inspecting or obtaining a copy of or extract from the register.
35. Publication of register, &c.
(1) The Board may publish in the Gazette –(a) a copy of the register or part of the register; or(b) a notice of the grant of registration to any person including any condition imposed on the registration; or(c) a notice of the removal from the register of the name of any person; or(d) a notice of the restoration to the register of the name of any person; or(e) a notice of the suspension of the registration of any person; or(f) a notice of any disciplinary action taken under section 49 in respect of a registered person.(2) The Board may provide a person with a copy of a notice referred to in subsection (1) on payment of the prescribed fee.(3) The Board may waive the payment of all or part of the prescribed fee.
36. Protection of private information
Notwithstanding sections 34 and 35 –(a) the register made available for public inspection need not include the information, or all of the information, referred to in section 31 (4) ; and(b) a copy of the register or part of the register published in the Gazette need not include the information, or all of the information, referred to in section 31 (4) ; and(c) if the Board records a person's private address in the register, that address is not to appear in the register as made available for public inspection or be published in the Gazette.
(1) In this section –due date means –(a) 31 December; or(b) if another date is prescribed – that date;registered dental prosthetist includes a person whose registration is suspended.(2) A registered dental prosthetist must, on or before the due date in each year –(a) pay the Board the prescribed annual registration fee; and(b) provide the Board with any information it requires.(3) The Board may waive the payment of all or part of the annual registration fee.(4) A registered dental prosthetist who pays the prescribed annual registration fee after the due date but within 30 days after the due date is liable to pay the prescribed late fee.(5) Subject to subsections (6) and (7) , the Board must immediately issue a new certificate of registration to each registered dental prosthetist who pays the prescribed annual registration fee.(6) The Board may refuse to issue the new certificate of registration if it is not satisfied that the registered dental prosthetist –(a) complies with the requirements specified in section 22 (1) ; or(b) is indemnified in the provision of dental prosthetic services by an approved professional indemnification agreement.(7) The Board must not issue a new certificate of registration to a registered person who has not provided dental prosthetic services in the 5 year period immediately preceding the due date unless it is satisfied that the person complies with the requirements specified in section 22 (1) .(8) The name of a registered dental prosthetist who fails to pay the prescribed annual registration fee and prescribed late fee within 30 days after the due date is to be removed from the register in accordance with section 38 .(9) The name of a registered dental prosthetist who is refused the issue of a new certificate of registration pursuant to subsection (6) or (7) is to be removed from the register in accordance with section 38 .(10) In a case to which subsection (9) applies, the Board must refund the prescribed annual registration fee.
(1) Subject to subsection (2) –(a) the Board may remove from the register the name of a person who –(i) contravenes a condition subject to which the person is registered; or(ii) fails to pay, within the time specified for payment, a fine imposed on the person under section 49 (1) (c) ; or(iii) fails to comply with a requirement made of that person under section 49 (1) (e) ; or(iv) fails to honour an undertaking given to the Board; and(b) the Board must remove from the register the name of a person –(i) who dies; or(ii) who requests the Board to remove his or her name from the register; or(iii) in respect of whom the Board has made a decision under section 49 (1) (a) which has taken effect; or(iv) who ceases to be registered by virtue of section 37 (8) ; or(v) who ceases to be registered by virtue of section 37 (9) ; or(vi) who is no longer entitled to be registered; or(vii) whose authority to provide dental prosthetic services under a foreign dental prosthetics law has been cancelled for a reason relating to the person's professional conduct or physical or mental capacity; or(viii) who has been registered by reason of a false or misleading statement or declaration.(2) The Board must not remove a person's name from the register under subsection (1) (a) or (1) (b) (vi) , (vii) or (viii) without first affording that person a reasonable opportunity to be heard.(3) If the Board removes a living person's name from the register it must, except in a case to which subsection (1) (b) (iii) applies, immediately give the person notice of the removal.(4) A notice under subsection (3) is –(a) except in a case to which subsection (1) (b) (ii) applies – to specify the reasons for the removal; and(b) except in a case to which subsection (1) (b) (ii) , (iii) or (iv) applies – to inform the affected person of his or her right of appeal.(5) A notice under subsection (3) is to be served personally on the person whose name has been removed from the register and, on the service of the notice, that person ceases to be a registered dental prosthetist.(6) If the Board removes a person's name from the register it may require that a specified period must elapse or that a specified condition must be fulfilled before that person may apply for registration.
39. Deregistered person must surrender certificate
A person who is given notice that his or her name has been removed from the register must surrender his or her certificate of registration to the Board within 7 days after receiving the notice or within such longer period as the Board may allow.Penalty: Fine not exceeding 15 penalty units and a daily fine not exceeding 1·5 penalty units.
40. Restoring name on register
(1) Subject to this section, on payment of the annual registration fee and prescribed restoration fee the Board must restore a person's name to the register if –(a) the person previously requested the removal of his or her name under section 38 (1) (b) (ii) and requests that his or her name be restored to the register; or(b) the person has had his or her name removed under section 38 (1) (b) (iv) for non-payment of the prescribed annual registration fee and prescribed late fee.(2) The Board may waive the payment of all or part of the prescribed fee for restoring a name to the register.(3) The Board may refuse to restore a person's name to the register if –(a) it is not satisfied that the person complies with the requirements specified in section 22 (1) ; or(b) it is not satisfied that the person will be indemnified in the provision of dental prosthetic services by an approved professional indemnification agreement.(4) If the Board refuses to restore a person's name to the register it must, as soon as practicable, give the person notice of –(a) the refusal and the reasons for the refusal; and(b) the person's right of appeal.(5) A notice under subsection (4) is to be served personally on the affected person.
(1) A copy of an entry in the register purporting to be signed by the Registrar is evidence that the entry was duly made.(2) A certificate purporting to be signed by the Registrar and stating any one or more of the following matters is evidence of the matters stated:(a) a person specified in the certificate was or was not a registered dental prosthetist on a date or during a period specified in the certificate;(b) the registration of a person specified in the certificate was subject to a condition specified in the certificate on a date or during a period specified in the certificate;(c) the registration of a person specified in the certificate was suspended on a date or during a period specified in the certificate;(d) the name of a person specified in the certificate was removed from the register on a date or during a period specified in the certificate.
PART 4 - Discipline
Division 1 - Complaints
(1) A person who is aggrieved by the conduct of a registered dental prosthetist may complain to the Board.(2) A complaint may be made and dealt with under this Part even though the person who is the subject of the complaint has ceased to be a registered dental prosthetist and, for that purpose, a reference in this Act to a registered dental prosthetist includes a reference to a person who has ceased to be registered or whose registration is suspended.(3) A complaint may be made or dealt with under this Part even though the registration of the person who is the subject of the complaint was suspended at the time of the matter complained of.
43. Specific matters in respect of which complaints may be made
(1) Without limiting the matters in respect of which a complaint may be made, a person may complain that a registered dental prosthetist –(a) has been registered by reason of a false or misleading statement or declaration; or(b) no longer holds, or is no longer entitled to hold, a qualification by reason of which the dental prosthetist was registered; or(c) lacks sufficient physical capacity, mental capacity or skill to provide dental prosthetic services; or(d) is not entitled on other grounds to be registered; or(e) is guilty of professional misconduct.(2) Without limiting the matters that may constitute professional misconduct, a registered dental prosthetist is guilty of such misconduct if the dental prosthetist –(a) contravenes section 30 , 55 (4) or Part 6 , or a provision of the regulations that is prescribed as a disciplinary regulation; or(b) contravenes a foreign dental prosthetics law; or(c) contravenes a condition subject to which the dental prosthetist is registered; or(d) fails to pay, within the time specified for payment, a fine imposed on the dental prosthetist under section 49 (1) (c) ; or(e) fails to comply with a requirement made of the dental prosthetist under section 49 (1) (e) ; or(f) fails to honour an undertaking given to the Board; or(g) is negligent or incompetent in providing dental prosthetic services; or(h) behaves in a fraudulent or dishonest manner in providing dental prosthetic services.
(1) A complaint is to –(a) be made in writing; and(b) contain particulars of the matter complained of; and(c) identify the registered dental prosthetist against whom the complaint is being made; and(d) identify the person making the complaint; and(e) be lodged with the Registrar.(2) The Registrar must ensure that a person who wishes to make a complaint is given such reasonable assistance as is necessary to enable that person to make the complaint in accordance with this section.(3) On receipt of a complaint, the Registrar must –(a) make a record of the date on which the complaint was received; and(b) place the complaint before the Board without undue delay.(4) The Board may require the complainant to provide further particulars of the complaint.
Division 2 - Investigation of complaints
(1) Subject to sections 46 and 47 , the Board must investigate each complaint made to it.(2) The Board, on its own motion, may investigate any matter that could be grounds for a complaint and sections 42 (2) and (3) apply to such an investigation as if it were a complaint.(3) The Board must, on commencing an investigation, give notice to the registered dental prosthetist who is being investigated.(4) Unless the Board determines otherwise, an investigation is to be conducted by a committee established pursuant to section 12 and constituted by not less than 3 persons at least one of whom is to be a registered dental prosthetist.(5) A committee established for the purposes of this section is called a disciplinary committee.(6) Schedule 3 has effect in relation to the powers and procedures of disciplinary committees.(7) The Board may join any person as a party to proceedings in an investigation.(8) A party to proceedings in an investigation is entitled to tender evidence to the disciplinary committee or other body or person conducting the investigation and to examine any person who tenders evidence in that investigation.
46. Frivolous, vexatious and unsubstantial complaints to be dismissed
If the Board considers that a complaint is frivolous or vexatious or that the matter complained of is unsubstantial it must dismiss the complaint.
47. Procedure for less serious complaints
(1) In this section, prescribed matter means –(a) a matter giving rise to a complaint against a dental prosthetist; or(b) a matter that the Board considers could be grounds for a complaint against a dental prosthetist.(2) If the Board considers that a prescribed matter may not be sufficiently serious to warrant investigation it may serve on the dental prosthetist concerned a notice requiring the dental prosthetist to appear before it at a specified date, time and place for the purpose of enabling the dental prosthetist to give an explanation of the matter.(3) If the prescribed matter relates to the physical or mental capacity of the dental prosthetist, the Board may further require the dental prosthetist to have a medical examination on the same terms as a medical examination required by a disciplinary committee.(4) A notice under subsection (2) is to –(a) be served personally; and(b) set out particulars of the prescribed matter; and(c) state that the dental prosthetist is entitled to make submissions when appearing before the Board but is not entitled to be represented; and(d) state that the appearance before the Board is not open to the public; and(e) inform the dental prosthetist that he or she may request that the prescribed matter be referred directly to a disciplinary committee; and(f) inform the dental prosthetist of the other circumstances in which the prescribed matter may be referred to a disciplinary committee; and(g) specify the date, time and place at which the dental prosthetist is required to appear.(5) The notice may contain such other information as the Board considers necessary or expedient.(6) The date specified under subsection (4) (g) is to be not less than 14 days after the date on which the notice is served.(7) The Board is not to take any further action in respect of a prescribed matter if, after hearing the explanation of the dental prosthetist concerned, it is not satisfied that the matter has been substantiated.(8) If the Board is satisfied, after hearing the explanation, that the prescribed matter has been substantiated but that it is not sufficiently serious to warrant an inquiry, the Board may do either or both of the following:(a) caution or reprimand the dental prosthetist;(b) accept an undertaking from the dental prosthetist to take or refrain from taking specified action.(9) The Board must refer a prescribed matter to a disciplinary committee if –(a) the dental prosthetist concerned fails to appear before the Board as required by a notice served under subsection (2) or, before the date of appearance specified in the notice, requests in writing that the matter be so referred; or(b) in the course of giving an explanation of the prescribed matter the dental prosthetist concerned requests, orally or in writing, that the matter be so referred; or(c) after or in the course of hearing an explanation of the prescribed matter the Board determines that the matter is sufficiently serious to warrant investigation by a disciplinary committee; or(d) in a case to which subsection (8) applies – the dental prosthetist concerned disputes that the prescribed matter has been substantiated.(10) A meeting of the Board convened for the purposes of this section is not open to the public.
48. Recommendation of disciplinary committee
After conducting an investigation, a disciplinary committee or other person or body that conducted the investigation must provide the Board with a written report on the investigation and its findings and recommendations, including any recommendations as to costs.
Division 3 - Action following investigation
49. Actions that may be taken by the Board
(1) On receipt of the report referred to in section 48 , the Board, in its discretion, may take any one or more of the following actions:(a) remove the defendant's name from the register;(b) suspend the defendant's registration for a period not exceeding 12 months;(c) impose on the defendant a fine not exceeding 50 penalty units;(d) impose on the defendant's registration a condition subject to which the defendant may continue to provide dental prosthetic services;(e) require the defendant to take or refrain from taking specified action;(f) caution or reprimand the defendant;(g) dismiss the complaint or, in a case to which section 45 (2) applies, clear the defendant.(2) In the case of an investigation relating to a matter referred to in section 43 (1) (b) , the Board must, unless it dismisses the complaint or clears the defendant, take at least the action specified in subsection (1) (a) .(3) If the Board imposes a fine under subsection (1) (c) , it must specify a period within which the fine is to be paid.(4) For the purposes of paragraph (e) of subsection (1) but without limiting the generality of that paragraph, the Board may require the defendant to do any one or more of the following:(a) carry out specified work for a specified person either free of charge or for a specified fee;(b) waive or repay the whole or any part of any fees charged to or paid by a specified person in respect of specified work;(c) be subject to periodic supervision or inspection by a specified person;(d) seek specified advice in relation to the management of his or her professional business.(5) The Board, as an alternative to taking action under subsection (1) (a) , (b) , (c) , (d) , (e) or (f) , may accept an undertaking from the defendant to take or refrain from taking specified action, either generally or within the specified period of time.
50. Costs and expenses of investigations
(1) The Board may, in addition to exercising powers under section 49 , order the defendant to pay such costs and expenses of or arising from the investigation as the Board thinks fit.(2) Subsection (1) does not apply if the Board decides to dismiss the complaint against the defendant or, in a case to which section 45 (2) applies, clear the defendant.(3) If the Board decides to dismiss the complaint or clear the defendant it may, if it considers it fair to do so, pay the costs and expenses or any part of the costs and expenses incurred by the defendant in respect of the investigation.(4) Any costs or expenses ordered to be paid under subsection (1) are recoverable as a debt due to the Board.
(1) When the Board has decided what action to take under section 49 , it must give the defendant notice of –(a) the decision and the reasons for the decision; and(b) except in a case to which section 49 (1) (g) applies – the defendant's right of appeal.(2) A notice under subsection (1) is to be served personally on the defendant.(3) A decision of the Board under section 49 (1) (a) , (b) , (c) , (d) , (e) or (f) does not take effect until –(a) the expiration of the period within which the defendant may lodge an appeal against the decision; or(b) if the defendant lodges an appeal against the decision – the decision is confirmed or varied or the appeal is withdrawn.(4) The period referred to in subsection (3) (a) is taken to have commenced when notice of the Board's decision is served on the defendant.(5) If the Board's decision takes effect, it may do any or all of the following:(a) give notice of its decision to the Conference and to such dental prosthetists registration authorities as it considers appropriate to notify;(b) give notice of its decision to the Secretary and to any professional association of dental prosthetists it considers appropriate to notify;(c) cause notice of its decision to be published in any professional publication related to dental prosthetics;(d) cause notice of its decision to be published in any newspaper published and circulated generally in this State;(e) cause notice of its decision to be published in the Gazette.
Division 4 - Suspension
52. Suspension of registration
(1) The Board may suspend the registration of a dental prosthetist for such period not exceeding 12 months as the Board in the circumstances considers necessary or appropriate if –(a) the dental prosthetist contravenes a condition subject to which the dental prosthetist is registered; or(b) the dental prosthetist's authority to provide dental prosthetic services under a foreign dental prosthetics law has been suspended for a reason relating to the dental prosthetist's professional conduct or physical or mental capacity; or(c) the dental prosthetist fails to pay, within the time specified for payment, a fine imposed under section 49 (1) (c) ; or(d) the dental prosthetist fails to comply with a requirement made of that dental prosthetist under section 49 (1) (e) ; or(e) the dental prosthetist fails to honour an undertaking given to the Board; or(f) the Board reasonably considers the suspension necessary for the purposes of investigating a complaint made against that dental prosthetist or investigating on its own motion a matter that could be the subject of a complaint against that dental prosthetist; or(g) the Board reasonably considers that it is in the public interest to suspend the registration.(2) The power of the Board to suspend a dental prosthetist's registration under this section is in addition to the power of the Board to suspend that registration under section 49 (1) (b) .(3) If the Board decides to suspend a dental prosthetist's registration under this section it may afford that dental prosthetist an opportunity to be heard but it is not required to do so.(4) If the Board decides to suspend a dental prosthetist's registration under this section it must make an appropriate note of the suspension and the reasons for the suspension in the register and give the dental prosthetist notice of –(a) the suspension and the reasons for the suspension; and(b) the dental prosthetist's right of appeal.(5) A notice under subsection (4) is to be served personally on the person whose registration is suspended and, on the service of the notice, the person ceases to be a registered dental prosthetist until the period of suspension specified in the notice expires or the suspension is revoked by the Supreme Court under Part 5 or by the Board under section 53 .(6) A dental prosthetist whose registration has been suspended must, if directed in writing to do so by the Board, return his or her certificate of registration to the Board within 7 days after receiving that direction or within such longer period as the Board may allow.Penalty: Fine not exceeding 15 penalty units and a daily fine not exceeding 1·5 penalty units.(7) If the Board suspends a dental prosthetist's registration under this section it may, if it considers that it is in the public interest to do so, do any or all of the following:(a) give notice of the suspension to the Conference and to such dental prosthetists registration authorities it considers appropriate to notify;(b) give notice of the suspension to the Secretary and to any professional association of dental prosthetists it considers appropriate to notify;(c) cause notice of the suspension to be published in any professional publication related to dental prosthetics;(d) cause notice of the suspension to be published in any newspaper published and circulated generally in this State;(e) cause notice of the suspension to be published in the Gazette.
If the Board suspends a dental prosthetist's registration under section 52 it may at any time, for any reason it considers sufficient, revoke the suspension.
Division 5 - Miscellaneous
54. Evidence of facts found in other proceedings
A finding of fact in relation to the conduct of a dental prosthetist made in any proceedings of a court or other tribunal to which that dental prosthetist is a party, whether in this State or elsewhere, is evidence of that fact in proceedings under this Part.
(1) If the Board reasonably suspects that –it may, in writing, authorise a person to act as an inspector to investigate the matter.(a) an unregistered person may be providing dental prosthetic services; or(b) there may be grounds for a complaint against a registered dental prosthetist; or(c) there may be grounds for removing a person's name from the register or suspending a person's registration; or(d) a registered dental prosthetist may lack the physical capacity, mental capacity or skill to provide dental prosthetic services –(2) On production of the authorisation, the inspector may at any reasonable time enter the business premises of a registered dental prosthetist or premises from which a person is apparently or purportedly providing dental prosthetic services and do all or any of the following:(a) inspect the premises generally;(b) require the person apparently in charge of the premises to produce for inspection any document held at the premises;(c) inspect and take notes of or extracts from any such document;(d) make a copy of any such document;(e) ask questions of and require answers from persons on the premises;(f) take photographs;(g) open and inspect containers or packages which the inspector reasonably suspects are used for the purpose of, or in connection with, the provision of dental prosthetic services;(h) examine or test any equipment held on the premises;(i) require a person registered or claiming to be registered to produce a certificate of registration;(j) if the inspector reasonably suspects that an offence has been committed against this Act, seize and, on furnishing a receipt, remove anything that in the reasonable opinion of the inspector is evidence of the offence;(k) remove, on furnishing a receipt, any document found on the premises to the custody and control of the Board for as long as the Board considers necessary or expedient.(3) If the Board is satisfied that for legitimate reasons a registered dental prosthetist needs access to a document that has been removed from the dental prosthetist's business premises to the custody and control of the Board under subsection (2) (k) , the Board in its discretion may –(a) grant the dental prosthetist reasonable access to the document or to a copy of the document; or(b) provide the dental prosthetist with a copy or certified copy of the document; or(c) retain a copy of the document and return the original to the dental prosthetist.(4) A person must not give, agree to give or offer to an inspector a gift, reward or other inducement to do or abstain from doing anything in relation to an inspection under this section.Penalty: Fine not exceeding 25 penalty units.
PART 5 - Appeals
(1) A person may appeal to the Supreme Court against any of the following:(a) the refusal of the Board to register the person;(b) a condition to which a person's registration is made subject under section 26 (2) ;(c) the removal of the person's name from the register other than under section 38 (1) (b) (ii) , (iii) or (iv) ;(d) the refusal of the Board to restore a person's name to the register under section 40 ;(e) the suspension of the person's registration under section 52 ;(f) the refusal of the Board to record in the register additional particulars or qualifications in respect of that person;(g) the refusal of the Board to issue that person with a new certificate of registration under section 37 (6) or (7) ;(h) a decision of the Board under section 49 (1) in respect of that person.(2) An appeal is to be made within 30 days after notice of the Board's decision is given to the affected person.
At the hearing of an appeal, the Supreme Court may –(a) confirm the decision made by the Board; or(b) set aside the decision made by the Board; or(c) set aside the decision made by the Board and substitute such other decision as the Board has jurisdiction to make as the Court specifies.
PART 6 - Offences
Division 1 - Protection of the profession
A person who is not a medical practitioner, dentist or registered dental prosthetist must not –(a) take measurements of the inside of a person's mouth for the purpose of, or in connection with, the making, selling or fitting of a dental prosthesis; or(b) take an impression of the inside of a person's mouth for the purposes of, or in connection with, the making, selling or fitting of a dental prosthesis; or(c) fit a dental prosthesis to the inside of a person's mouth.Penalty: Fine not exceeding 50 penalty units.
(1) A person who is not a registered dental prosthetist must not hold himself or herself out, or allow himself or herself to be held out, as being a registered dental prosthetist.Penalty: Fine not exceeding 25 penalty units and a daily fine not exceeding 2·5 penalty units.(2) A person who is not a registered dental prosthetist must not hold himself or herself out, or allow himself or herself to be held out, as being in any way authorised to provide dental prosthetic services.Penalty: Fine not exceeding 25 penalty units and a daily fine not exceeding 2·5 penalty units.(3) Subsection (2) does not apply to a medical practitioner, dentist or dental technician.
60. Unauthorised use of certain titles
(1) A person who is not a registered dental prosthetist must not practise a profession or trade under any one or more of the following titles:(a) dental prosthetist, registered dental prosthetist, certified dental prosthetist, licensed dental prosthetist or qualified dental prosthetist;(b) dental mechanic, registered dental mechanic, certified dental mechanic, licensed dental mechanic or qualified dental mechanic;(c) registered dental technician, certified dental technician, licensed dental technician, clinical dental technician or advanced dental technician;(d) such other title as may be prescribed.Penalty: Fine not exceeding 25 penalty units and a daily fine not exceeding 2·5 penalty units.(2) The Governor may, by order made on the recommendation of the Board, amend paragraph (a) or (b) of subsection (1) by omitting any one or more of the titles specified in that paragraph.
61. Provision of dental prosthetic services by bodies corporate
(1) A body corporate must not provide dental prosthetic services or cause or allow dental prosthetic services to be provided in its name or on its behalf unless control and supervision of those services is vested in a registered dental prosthetist, dentist or medical practitioner.Penalty: Fine not exceeding 50 penalty units and a daily fine not exceeding 5 penalty units.(2) A body corporate is not guilty of an offence under subsection (1) if the dental prosthetic service is limited to the making of a dental prosthesis according to the prescription of a dental prosthetist, dentist or medical practitioner for supply to that dental prosthetist, dentist or medical practitioner.
(1) A person must not advertise dental prosthetic services in a manner that –(a) is or is intended to be false or misleading; or(b) offers a discount, gift or other inducement to attract clients unless the advertisement also sets out the conditions of the offer; or(c) refers to or cites actual or purported testimonials; or(d) unfavourably compares other dental prosthetic services with those dental prosthetic services.(2) A person who, in good faith, publishes or prints an advertisement that contravenes subsection (1) on behalf of another person is not guilty of an offence under that subsection.
Division 2 - General offences
63. Failure to notify Board of civil claims
(1) A registered dental prosthetist must give the Board notice within 14 days after any proceedings claiming damages or other compensation for alleged negligence in the provision of dental prosthetic services are commenced against that registered dental prosthetist.Penalty: Fine not exceeding 15 penalty units.(2) A registered dental prosthetist must give the Board notice within 14 days after –(a) any proceedings claiming damages or other compensation for alleged negligence by the dental prosthetist in the provision of dental prosthetic services are withdrawn or settled; or(b) a court or other tribunal makes an order in respect of any such proceedings.Penalty: Fine not exceeding 15 penalty units.
(1) A person must not make or produce, or cause to be made or produced, a false or misleading statement, either orally or in writing, in connection with –(a) an application, inquiry or investigation; or(b) an investigation by an inspector under section 55 .Penalty: Fine not exceeding 25 penalty units.(2) A person must not forge or change a certificate or registration or an interim certificate of registration.Penalty: Fine not exceeding 25 penalty units.(3) A person must not forge or change a degree, diploma or other evidence of qualifications for registration under this Act.Penalty: Fine not exceeding 25 penalty units.
A person must not obstruct, hinder, threaten or intimidate another person –(a) in the exercise by that other person of a power conferred by this Act; or(b) in the performance of a duty imposed on that other person by this Act.Penalty: Fine not exceeding 25 penalty units.
66. Offences relating to inquiries and investigations, &c.
(1) A person must not, without reasonable excuse –(a) fail to attend an inquiry or investigation as required by summons; or(b) fail in an inquiry or investigation to comply with the requirement to affirm or be sworn; or(c) fail to produce a document when required by a committee of inquiry or disciplinary committee to do so; or(d) fail to answer questions required by a committee of inquiry or disciplinary committee to be answered.Penalty: Fine not exceeding 25 penalty units and a daily fine not exceeding 2·5 penalty units.(2) A person may be required by a committee of inquiry or disciplinary committee to answer a question or produce a document notwithstanding that the answer to the question or the contents of the document may tend to incriminate that person.(3) If in an inquiry or investigation a person objects to answering a question or producing a document on the grounds that to do so may tend to incriminate that person, the answer to the question or the contents of the document are not admissible in evidence in any other proceedings in respect of the person other than proceedings in respect of an offence under section 64 or in respect of an appeal under Part 5 .
67. Failure to comply with orders
(1) A person must not –(a) fail to leave the hearing of an inquiry or investigation when ordered to do so by the committee conducting the inquiry or investigation; or(b) fail to leave a meeting of the Board when ordered to do so by the Board.Penalty: Fine not exceeding 25 penalty units.(2) A person must not –(a) report or otherwise disclose any proceedings of a committee of inquiry or disciplinary committee contrary to an order of that committee; or(b) report or otherwise disclose any information in respect of the proceedings of a committee of inquiry or disciplinary committee contrary to an order of that committee.(3) A person must not –(a) report or otherwise disclose any proceedings of a meeting of the Board contrary to an order of the Board; or(b) report or otherwise disclose any information in respect of a meeting of the Board contrary to an order of the Board.
PART 7 - Miscellaneous
Division 1 - Obligations to provide information
68. Medical practitioners' notices relating to fitness to practise
(1) In this section, prescribed instrument means –(a) an initial order, a continuing care order or a community treatment order under the Mental Health Act 1996 ; or(b) . . . . . . . .(c) a medical recommendation within the meaning of the Alcohol and Drug Dependency Act 1968 .(2) A medical practitioner who signs a prescribed instrument in respect of a person who the medical practitioner knows or believes to be a registered dental prosthetist must, as soon as practicable after signing that prescribed instrument, give notice to the Board of that fact.Penalty: Fine not exceeding 5 penalty units.
69. Provision of information by bodies corporate
(1) A body corporate that provides dental prosthetic services or causes or allows dental prosthetic services to be provided in its name or on its behalf must, if the Board by notice requires it to do so, give the Board any or all of the following within the time provided by the notice:(a) a copy of its memorandum and articles of association;(b) any information required by the notice concerning its membership, shareholdings, officers or employees;(c) any other information required by the notice concerning the body corporate's structure, management or operations.Penalty: Fine not exceeding 50 penalty units and a daily fine not exceeding 5 penalty units.(2) A registered dental prosthetist must, if the Board by notice requires the dental prosthetist to do so, give the Board, within the time provided by the notice, such information as is specified in the notice regarding any body corporate of which that dental prosthetist is a member.Penalty: Fine not exceeding 25 penalty units and a daily fine not exceeding 2·5 penalty units.
Division 2 - Administrative and legal
A document may be served on the Board or a committee –(a) by leaving it at, or sending it by post to, the Board's address; or(b) by sending it by way of facsimile transmission to the Board's facsimile number.
(1) The common seal of the Board is to be kept and used as authorised by the Board.(2) All courts and persons acting judicially must take judicial notice of the imprint of the common seal on a document and presume that it was duly sealed by the Board.
In any proceedings, unless evidence is given to the contrary, proof is not required of –(a) the constitution of the Board or a committee; or(b) any resolution of the Board or a committee; or(c) the appointment of any member of the Board or a committee; or(d) the presence of a quorum at any meeting of the Board or a committee.
73. Appropriation of fees, penalties and fines
(1) All fees payable and all penalties imposed and recovered under this Act are to be paid to the Board.(2) A fee payable under this Act may be recovered as a debt due to the Board.(3) A fine imposed on a person under section 49 (1) (c) may be recovered as a debt due to the Board.
74. No right of recovery by unqualified persons
(1) A person is not entitled to recover a fee or other remuneration for a dental prosthetic service that he or she has provided on his or her own account unless –(a) he or she was a medical practitioner, dentist or registered dental prosthetist at the time the service was provided; or(b) the fee or remuneration is for the making and supply of a dental prosthesis which the person made for or supplied to a medical practitioner, dentist or registered dental prosthetist in accordance with the prescription or order of that medical practitioner, dentist or registered dental prosthetist.(2) A body corporate that provides dental prosthetic services is not entitled to recover a fee or other remuneration for or in connection with a dental prosthetic service provided in its name or on its behalf unless the service was provided by a medical practitioner, dentist or registered dental prosthetist.(3) In an action for the recovery of a fee or other remuneration for a dental prosthetic service it is sufficient to state in the particulars of claim or demand the words "for dental prosthetic services".
75. Punishment of conduct constituting an offence
If conduct that constitutes an offence against this Act is also grounds for action under section 47 , 49 or 52 –(a) the taking of the action is not a bar to conviction and punishment for the offence; and(b) conviction and punishment for the offence is not a bar to the taking of the action.
76. Offences by bodies corporate
(1) If a body corporate commits an offence against this Act, each person concerned in the management of that body corporate is taken also to have committed the offence and may be convicted of the offence unless the person proves that the act or omission constituting the offence took place without that person's knowledge or consent.(2) A person referred to in subsection (1) may be convicted of an offence against this Act whether or not the body corporate is charged with or convicted of the offence.
77. Act does not prohibit certain work or training
Nothing in this Act prohibits –(a) a person from working as a dental technician; or(b) a person pursuing an approved course of training in dental prosthetic work from carrying out dental prosthetic work or providing dental prosthetic services under the supervision and on the behalf of a dentist or registered dental prosthetist as a part of that training.
78. Act has effect notwithstanding Dental Act 1982
This Act has effect notwithstanding the provisions of the Dental Act 1982 but nothing in this Act is to be taken as authorising the Board to monitor, regulate or otherwise interfere in the provision of dental prosthetic services by dentists.
(1) The Governor may make regulations for the purposes of this Act.(2) Without limiting the generality of subsection (1) , the regulations may prescribe –(a) precautions to be taken to control the risk of infection in the provision of dental prosthetic and related services and work, including the work of dental technicians; and(b) other precautions to be taken for the comfort, safety and welfare of the recipients of dental prosthetic and related services and work.(3) Regulations made under this section may –(a) apply generally or be limited in their application by reference to specified exemptions or specified factors; and(b) apply differently according to different factors, limitations or restrictions of a specified kind; and(c) authorise any matter to be from time to time determined, applied or regulated by the Board; and(d) in the case of regulations referred to in subsection (2) – incorporate or adopt, either specifically or by reference, and either wholly or in part, any standard, code, rule or specification of a body producing standards, codes, rules or specifications in respect of the prevention or checking of infection in the provision of dental prosthetic and related services and work.(4) Regulations made under this section may –(a) provide that a contravention of any of the regulations is an offence; and(b) in respect of any such offence, provide for the imposition of a fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2·5 penalty units for each day during which the offence continues.(5) Regulations made under this section may contain provisions of a savings or transitional nature consequent on the enactment of this Act.(6) A provision of a regulation made pursuant to subsection (5) may, if the regulation so provides, take effect on the day referred to in section 2 or a later date.
Division 3 - Consequential and transitional
80. Consequential amendments of Dental Act 1982
The Dental Act 1982 is amended as set out in Schedule 4 .
81. Savings and transitional provisions
The savings and transitional provisions set out in Schedule 5 have effect.
Until fees are prescribed for the purposes of this Act, the fees specified in Schedule 6 are the fees that are payable under this Act in respect of the various matters to which they respectively relate.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Community and Health Services; and(b) the Department responsible to the Minister for Community and Health Services in relation to the administration of this Act is the Department of Community and Health Services.
SCHEDULE 1 - Provisions with respect to membership of Board
1. Term of office(1) A member is to be appointed for such period, not exceeding 3 years, as is specified in the member's instrument of appointment.(2) A member is eligible to serve any number of terms of office but may not serve more than 2 of those terms in succession.
2. Holding other officeThe holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –(a) holding that office and also the office of a member; or(b) accepting any remuneration payable to a member.
3. Remuneration of membersA member is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Minister determines.
4. Vacation of office(1) A member vacates office if he or she –(a) dies; or(b) resigns; or(c) is removed from office under subclause (2) or (3) ; or(d) ceases to be qualified for office by virtue of subclause (4) .(2) The Governor may remove a member from office if the member –(a) is absent from 3 consecutive meetings of the Board without the permission of the other members of the Board; or(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a period exceeding 12 months; or(d) fails, without reasonable excuse, to comply with the obligation referred to in clause 5 of Schedule 2 ; or(e) is convicted of an offence against this Act.(3) The Governor may remove a member from office if satisfied that the member is unable to perform the duties of office competently.(4) A member appointed under section 7 (1) (a) vacates office if he or she ceases to be a registered dental prosthetist.
5. Filling of vacancies(1) If the office of a member becomes vacant, the Governor may appoint a person to the vacant office for the remainder of that member's term of office.(2) In the case of a vacancy in the office of a member referred to in section 7 (1) (a) the person appointed to the vacant office is to be a registered dental prosthetist.
6. Validity of proceedings, &c.(1) An act or proceeding of the Board or of a person acting under the direction of the Board is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Board.(2) An act or proceeding of the Board or of a person acting under the direction of the Board is valid even if –(a) the appointment of a member of the Board was defective; or(b) a person appointed as a member of the Board was disqualified from acting as, or incapable of being, such a member.
SCHEDULE 2 - Provisions with respect to meetings of Board
1. Convening of meetingsA meeting of the Board may be convened by the chairperson or by any 2 members.
2. Procedure at meetings(1) Three members form a quorum at any duly convened meeting of the Board.(2) Any duly convened meeting of the Board at which a quorum is present is competent to transact any business of the Board.(3) Questions arising at a meeting of the Board are to be determined by a majority of votes of the members present and voting.(4) In the event of an equality of votes on a question arising at a meeting of the Board, the question stands adjourned until its next meeting.
3. Who presides at meetings(1) The chairperson is to preside at all meetings of the Board at which he or she is present.(2) If the chairperson is not present at a meeting of the Board, a member elected by the members present is to preside at that meeting.
4. MinutesThe Board must keep accurate minutes of its meetings.
5. Disclosure of interest(1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board must, as soon as practicable after the relevant facts come to the knowledge of the member, disclose the nature of that interest at a meeting of the Board.(2) A disclosure under subclause (1) is to be recorded in the minutes and the member must not, unless the Board exclusive of that member determines otherwise –(a) be present during any deliberations of the Board in relation to that matter; or(b) take part in any decision of the Board in relation to that matter.
6. Meetings to be open to public(1) In this clause, meeting does not include a meeting convened for the purposes of section 47 .(2) Except as provided in subclause (3) , a meeting of the Board is to be open to the public.(3) The Board may do either or both of the following at a meeting if it considers that there are compelling grounds to do so:(a) make an order excluding any person who is not a member from the meeting;(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings at the meeting or prohibiting the reporting or other disclosure of particular information in respect of the meeting.(4) Without limiting the range of grounds that may be relevant for the purposes of subclause (3) , the Board may exercise its power under that subclause if –(a) it is dealing with privileged information or information that has been communicated to the Board in confidence; or(b) it is dealing with information concerning the personal affairs, finances or business arrangements of a registered dental prosthetist; or(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered dental prosthetist or any other person.
7. General procedures(1) Subject to this Schedule, the procedure for calling meetings of the Board and for the conduct of business at meetings of the Board is as determined by the Board.(2) The Board may permit members to participate in a particular meeting by a telephone or other means of communication.(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.(4) The Board may allow a person to attend a meeting for the purpose of advising or informing it on any matter.
8. Report to MinisterThe Board, if requested to do so by the Minister, must furnish the Minister with any information the Minister may require in relation to the proceedings of the Board.
SCHEDULE 3 - Powers and procedures of committees of inquiry and disciplinary committees
Sections 24 (4) and 45 (6)
1. InterpretationIn this Schedule –committee means a committee of inquiry or disciplinary committee;proceedings includes inquiries and investigations.
2. PowersA committee may –(a) summon any person to appear before it to give evidence and produce any document specified in the summons; and(b) require any person appearing before it to produce any document; and(c) require any person appearing before it to give evidence on oath or affirmation; and(d) require any person appearing before it to answer questions; and(e) proceed with and determine any proceedings notwithstanding the absence of a person who has been summoned to appear; and(f) adjourn the hearing of any proceedings from time to time and from place to place.
3. ProcedureA committee –(a) must conduct its proceedings with as little formality and with as much expedition as a proper consideration of the matter before it permits; and(b) is not bound by the rules of evidence; and(c) may inform itself on any matter in any way it considers appropriate; and(d) must observe the rules of natural justice.
4. Medical examinations(1) In this clause, medical examination includes an examination of the physical, psychological and mental capacities of a person.(2) A committee, by notice, may require an applicant or defendant to have a medical examination at the Board's expense.(3) Notwithstanding subclause (2) , a disciplinary committee must not require a defendant to have a medical examination unless, having regard to the matter being investigated, it is reasonable to require that examination.(4) A notice under subclause (2) is to specify –(a) the name of the medical practitioner who is to carry out the medical examination; and(b) the date, time and place of the medical examination.(5) The time and place specified for a medical examination must be reasonable.(6) The medical practitioner who carries out the medical examination must provide the committee and the person examined with a written report of the results of that examination.
5. Proceedings to be open to public(1) Except as provided in subclause (2) , the proceedings of a committee are to be open to the public.(2) A committee hearing any proceedings may, on the application of a party to the proceedings or on its own motion, do either or both of the following if it considers that there are compelling grounds to do so:(a) make an order excluding any person from the hearing;(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings or prohibiting the reporting or other disclosure of particular information in respect of the proceedings.(3) Without limiting the range of grounds that may be relevant for the purposes of subclause (2) , a committee may exercise its power under that subclause if –(a) it is dealing with privileged information or information that has been communicated to the Board or the committee in confidence; or(b) it is dealing with information concerning the personal affairs, finances or business arrangements of a registered dental prosthetist; or(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered dental prosthetist or any other person.
6. Representation, &c.(1) An applicant is entitled to attend an inquiry and to be represented by a legal practitioner or any other person.(2) A defendant is entitled to attend an investigation and to be represented by a legal practitioner or any other person.(3) The Board, at its own expense, may appoint a legal practitioner to assist a committee in conducting any proceedings.(4) The Secretary may –(a) become a party to any proceedings; and(b) be represented in the proceedings by an employee of the Department.
SCHEDULE 4The amendments effected by this Schedule have been incorporated into the authorised version of the Dental Act 1982 .
SCHEDULE 5 - Savings and transitional provisions
1. InterpretationIn this Schedule, unless the contrary intention appears –commencement day means the day proclaimed under section 2 ;Dental Act means the Dental Act 1982 ;former Board means the Dental Mechanics Registration Board as constituted under the Dental Act .
2. Continuation of register and entitlements, &c.(1) The register of dental mechanics kept under section 52 of the Dental Act is, on and after the commencement day, taken to be a part of the register for the purposes of this Act.(2) A person who, immediately before the commencement day, was registered under section 52 of the Dental Act is, on and after the commencement day, taken to be a registered dental prosthetist under and subject to this Act on the same conditions, if any, as applied to the former registration.(3) Subclause (2) applies to a registration even if it is suspended, but that subclause is not to be taken as revoking or reducing any period of suspension to which the former registration was subject immediately before the commencement day.(4) A person who, immediately before the commencement day, was entitled to provide dental prosthetic services under the Dental Act is, on and after that day, taken to be entitled to provide dental prosthetic services under and subject to this Act.(5) An application for registration made under the Dental Act and not determined by the former Board immediately before the commencement day is to be determined by the Board as if it were a valid application made under this Act.(6) Where an inquiry or investigation begun for the purposes of section 54 of the Dental Act had not been concluded immediately before the commencement day, the Board may determine that that inquiry or investigation is to be –(a) terminated and reinstituted under this Act; or(b) continued and concluded as if this Act had not been enacted.
3. ValidationAll acts, matters and things done or omitted to be done by, or done or suffered in relation to, the former Board before the commencement day have, on and after that day, the same force and effect as if they had been done by, or suffered in relation to, the Board.
4. ProceedingsAny proceedings that, immediately before the commencement day, might have been brought or continued by or against the former Board may be brought or continued by or against the Board.
5. Assets and liabilitiesOn the commencement day, all assets and liabilities of the former Board vest in and become assets and liabilities of the Board.
6. Bank and other accountsA bank, building society or credit union account kept in the name of the former Board immediately before the commencement day is, on the commencement day, taken to be a bank, building society or credit union account of the Board kept under section 16 .
7. Board members(1) In this clause, appointed members of the former Board means the members of the former Board referred to in sections 45 (1) (a) and (b) of the Dental Act .(2) The appointments of the persons who, immediately before the commencement day, were appointed members of the former Board are terminated, but those persons are, if qualified, eligible to be appointed as members of the Board under this Act.
8. Registrar(1) The person who, immediately before the commencement day, was the Secretary of the former Board is the first Registrar under this Act.(2) Unless the Board otherwise determines, the first Registrar holds office on the same terms and conditions as those which applied to the Secretary of the former Board.
9. QualificationsUntil qualifications are prescribed for the purposes of paragraph (c) of section 20 the following qualifications are prescribed for the purposes of that paragraph:(a) successful completion of the Dental Prosthetist Higher Certificate Course conducted by the Sydney Institute of Technology;(b) successful completion of the Advanced Dental Technicians Course conducted by the Royal Melbourne Institute of Technology;(c) successful completion of the course of training conducted by the former Board between 1958 and 1988.
SCHEDULE 6 - Interim Fees
$ | ||
1. | Application for registration: section 21 (1) (c) | 120 |
2. | Annual registration fee: sections 21 (1) (c) and 37 (2) (a) | 250 |
3. | Late fee: section 37 (4) | 50 |
4. | Restoration fee: section 40 (1) | 50 |
5. | Fee for replacement certificate of registration: section 29 (4) | 20 |
6. | Application for additional particulars or qualifications to be added in register: section 33 (2) (a) | 20 |
7. | Fee to inspect register: section 34 (1) | 10 |
8. | Fee to obtain copy of or extract from register: section 34 (2) | 5 per page |
9. | Fee to obtain copy of notice: section 35 (2) | 5 per page |