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Dental Practitioners Registration Act 2001
An Act to provide for the registration and regulation of dentists, dental therapists and dental hygienists, to repeal the Dental Act 1982 and School Dental Therapy Service Act 1965 and for related purposes
[Royal Assent 26 April 2001]
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 Practitioners Registration Act 2001 .
This Act commences on a day to be proclaimed.
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 practitioner;approved means approved by the Board;Board means Dental Board of Tasmania;business address means the address of the principal premises from which a person practises;committee means a committee established by the Board under section 12 ;contravene includes fail to comply;defendant means a registered practitioner who is the subject of an investigation;Dental Code means the by-laws made by the Board and in force under section 11 ;dental service means a dental service provided by a practitioner;dentistry means any one, or any combination of, the following:(a) the diagnosis of conditions of a person's mouth;(b) the management of conditions of a person's mouth;(c) the performance of invasive or irreversible procedures on a person's natural teeth or on a part of a person's body associated with their natural teeth;(d) the provision to a person, or the insertion or intraoral adjustment for a person, of artificial teeth or dental appliances;disciplinary tribunal means the Board, when acting as a disciplinary tribunal under Subdivision 4 of division 2 of Part 4 ;financial year means the 12 month period ending on 30 June in any year;foreign practitioners law means a law of a jurisdiction outside this State relating to the registration, licensing or enrolment of practitioners;functions includes duties;inquiry means an inquiry under Division 2 of Part 3 ;inspection means an inspection under section 59 ;interim certificate of registration means an interim certificate of registration issued by the Registrar under section 24 ;investigating committee means a committee established for the purposes of Division 2 of Part 4 ;investigation means an investigation under Subdivision 2 of division 2 of Part 4 ;member means a member of the Board and includes the President;notice means notice in writing;practise means, as the context requires, practise as –(a) a dentist; or(b) a dental therapist; or(c) a dental hygienist;practitioner means a person who practises;practitioners registration authority means a body established under the law of another State or of a Territory and having functions similar to the functions of the Board in relation to one or more of the following:(a) dentists;(b) dental therapists;(c) dental hygienists;register means, as the context requires, the Register of Dentists, the Register of Dental Therapists or the Register of Dental Hygienists kept by the Board under section 32 ;registered means registered under this Act;report includes publish;Secretary means Secretary of the Department;specialist title means any of the following:(a) endodontist;(b) oral and maxillofacial surgeon;(c) orthodontist;(d) periodontist;(e) a prescribed title;specified means specified in writing by the Board.
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 Board of Tasmania
Division 1 - The Board
(1) The body corporate constituted under section 4 of the Dental Act 1982 with the corporate name "Dental Board of Tasmania" continues.(2) The Board –(a) has perpetual succession; 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) 4 registered dentists nominated by the Minister from a list of names submitted by such bodies representing the professional interests of dentists as the Minister determines; and(b) one registered dental therapist nominated by the Minister from a list of names submitted by such bodies representing the professional interests of dental therapists as the Minister determines; and(c) 2 persons, who are not registered practitioners, nominated by the Minister to represent the interests of the consumers of dental health services; and(d) subject to subsection (2) , one registered dental hygienist nominated by the Minister from a list of names submitted by such bodies representing the professional interests of dental hygienists as the Minister determines.(2) The Minister must not make a nomination under subsection (1)(d) before the end of the 12 month period following the commencement of this Act and then only if the Minister is satisfied that the number of registered dental hygienists warrants their representation on the Board.(3) The members are appointed by the Governor.(4) The Minister, after consulting the members, must appoint a member as President.(5) The Minister may request any of the bodies referred to in subsection (1) to provide the Minister with a list of names for the purposes of that subsection.(6) If the body or bodies fail to provide the Minister with the list within such period of not less than 2 months as is specified in the request, nominations and appointments may be made to the Board without further reference to that body or, if applicable, those bodies.(7) Schedule 1 has effect in relation to membership of the Board.(8) Schedule 2 has effect in relation 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 practitioners;(c) to investigate and prosecute offences against this Act;(d) to monitor the standard and provision of dental services in this State;(e) to monitor standards of education and training for dentists, dental therapists and dental hygienists;(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 practitioners registration authorities and other relevant bodies; and(b) publish and distribute information about this Act to registered practitioners and other interested persons; and(c) provide or arrange for the provision of continuing professional education for registered practitioners; and(d) support other forms of education and training for practitioners; and(e) be a member of any national or other body, program or forum concerned with practitioners; and(f) participate in the establishment of a body, program or forum of the kind referred to in paragraph (e) ; and(g) hold or arrange examinations; and(h) do anything incidental to any of its powers.
The Board must perform its functions and exercise its powers so as to –(a) ensure that the dental services provided to the public are of the highest possible standard; and(b) ensure that persons who practise as dentists, dental therapists and dental hygienists do so according to the highest professional standard; and(c) guard against unsafe, incompetent and unethical practices in the provision of dental services.
The Board may delegate any of its functions or powers, other than this power of delegation, to a member of the Board, the Registrar or a committee.
(1) The Board may make by-laws consistent with this Act for the purposes of providing practical guidance and direction to practitioners, including practitioners who have approval to practise under specialist titles.(2) Without limiting the generality of the Board's discretion under subsection (1) , the by-laws may provide practical guidance and direction to ensure that practitioners –(a) carry out procedures, and provide advice, within the scope of their training, acquired skills and competency; and(b) have in place satisfactory consultation and referral arrangements.(3) A resolution of the Board to make a by-law must be adopted on the affirmative vote of at least 5 members present and voting at the relevant meeting.(4) A by-law is not a statutory rule within the meaning of the Rules Publication Act 1953 .(5) The Board must not make a by-law about advertising by practitioners.(6) The by-laws may be referred to, collectively, as the Dental Code.(7) The Dental Code may from time to time be amended, or rescinded and remade in its entirety, in accordance with this section.(8) The Board must –(a) make a copy of the Dental Code available at its office to be inspected by any person on request free of charge; and(b) ensure that any person who wishes to do so may obtain a copy of the Dental Code from the Board.(9) The Board may charge a fee to recover the cost of providing a person with a copy of the Dental Code.(10) The Board may publish the Dental Code as it sees fit.(11) In any proceedings, the production of a certificate purporting to be signed by the President of the Board or Registrar and stating that –is evidence, and in the absence of evidence to the contrary proof, of the matters stated.(a) a document annexed to the certificate is, or a document set out in or annexed to the certificate is a true copy of, a by-law made under this section; and(b) the by-law was in force under this section on a date or during a period specified in the certificate –
Division 3 - Miscellaneous
(1) The Board may establish such committees as it considers necessary for the purpose 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) a committee comprises such persons as the Board appoints; and(b) a member of the Board may be a member of a committee.(3) 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.(4) The Board may give written directions to a committee and the committee must comply with those directions.(5) A committee must keep accurate minutes of its proceedings.(6) Except as otherwise provided in this Act, a committee may regulate its own proceedings.
(1) The Board may employ such persons as may be necessary for the performance of its functions and the exercise of its powers.(2) . . . . . . . .(3) The State Service Act 2000 does not apply to employees of the Board.
(1) The Board must appoint a Registrar.(2) The Registrar may be –(a) an employee of the Board; or(b) an independent contractor to the Board; or(c) a person whose services are made available to the Board pursuant to an arrangement under section 14 .(3) The Registrar is to act as secretary to 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 or State Service employees to be made available to the Board.(2) The Board may arrange with any other person for the services of persons employed by the 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 engaged in the administration of this Act does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for that purpose.(2) A person who makes a complaint under Part 4 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 the 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 costs and expenses of audits conducted for the purposes of this section are to be met by the Board.
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 or 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?
(1) A person may apply to the Board to be registered as a dentist if the person has –(a) a qualification as a dentist that is approved by, or gained from an institution that is accredited by, a national body or forum that is prescribed for the purposes of this subsection; or(b) passed a qualifying examination for dentists held by that national body or forum.(2) A person may apply to the Board to be registered as a dental therapist if the person has –(a) a qualification as a dental therapist that is approved by, or gained from an institution that is accredited by, a national body or forum that is prescribed for the purposes of this subsection; or(b) passed a qualifying examination for dental therapists held by that national body or forum.(3) A person may apply to the Board to be registered as a dental hygienist if the person has –(a) a qualification as a dental hygienist that is approved by, or gained from an institution that is accredited by, a national body or forum that is prescribed for the purposes of this subsection; or(b) passed a qualifying examination for dental hygienists held by that national body or forum.(4) For the purposes of this section, a person may be taken to have gained a qualification from an institution if the person has successfully completed the required studies and training, if any, even though the qualification may not have been formally awarded or conferred.
21. Conditional registration for teaching or research purposes
A person who is not eligible to apply for registration under section 20 may nevertheless apply to the Board to be registered as a dentist, dental therapist or dental hygienist subject to appropriate conditions if the person intends to take up a teaching or research position in dentistry and has approved qualifications for the position.
(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 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 all or part of the fees.
Division 2 - Determination of entitlement
23. Entitlement to registration
(1) Subject to subsection (2) , an applicant is entitled to be registered as a practitioner if the Board is satisfied that the applicant –(a) is eligible to apply for registration; and(b) has sufficient physical capacity, mental capacity and skill to practise or, if section 21 applies, undertake the relevant teaching or research; 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) The Board may determine that an applicant is not entitled to be registered if it is not satisfied that the applicant, when practising, will have adequate professional indemnification arrangements.
(1) The Registrar may grant an applicant interim registration if the Registrar reasonably considers that the applicant is entitled to be registered as a practitioner but that it is not practicable to wait until the Board can consider the application.(2) If section 21 applies, the interim registration is to be granted subject to –(a) a condition that the applicant does not practise dentistry except for the purposes of undertaking the relevant teaching or research; and(b) such other conditions as the Registrar considers appropriate.(3) In any other case, the interim registration may be granted unconditionally or subject to such conditions as the Registrar considers appropriate.(4) The Registrar may permit a person who is granted interim registration to practise under a specialist title if the Registrar is satisfied that the person has the qualifications or experience, or both, to practise under that title.(5) The Registrar must issue an interim certificate of registration to a person who is granted interim registration.(6) The interim certificate of registration is to be in such form, and contain such information, as the Registrar determines.(7) A person to whom interim registration is granted is taken to be a registered practitioner 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.(8) The Board may cancel a person's interim registration for any reason it considers sufficient.(9) 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.(10) 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 is given notice by the Board that it has –(a) registered the person; or(b) refused to register the person; or(c) cancelled the person's interim registration.
(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 –(a) registered dentists if the applicant is seeking registration as a dentist; or(b) registered dental therapists if the applicant is seeking registration as a dental therapist; or(c) registered dental hygienists if the applicant is seeking registration as a dental hygienist.(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) If the Board itself decides to conduct an inquiry, it has the same powers and functions for that purpose as a committee of inquiry.(6) In a case to which this section applies, the Registrar must give the applicant and the Secretary notice of –(a) the reasons for holding the inquiry; and(b) the date, time and place set for the hearing of the inquiry.(7) A notice under subsection (6) given to an applicant is to inform the applicant of the applicant's right to be represented in the inquiry.(8) A notice under subsection (6) 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.
26. Recommendation of committee of inquiry
(1) After conducting an inquiry, a committee of inquiry must give the Board a written report containing –(a) a recommendation as to whether the applicant is entitled to be registered as a practitioner 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
27. 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 the applicant notice of –(a) the applicant's registration; and(b) if applicable, the conditions of registration and the applicant's rights of appeal and review in relation to 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 the applicant notice of the refusal to register, the reasons for the refusal and the applicant's right of appeal; and(b) refund the annual registration fee that accompanied the application.
28. Special grounds for refusing to grant registration
Without limiting the matters that the Board may have regard to under section 23(1)(b) or (c) , the Board may determine that an applicant is not entitled to be registered as a practitioner if –(a) the applicant's authority to practise under a foreign practitioners 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 practise; 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.
29. Review of registration conditions
(1) A person may, at intervals of not less than 12 months each, apply to the Board to review a condition that the person's registration has been made subject to under section 27(2) .(2) A person's right under subsection (1) is in addition to the person's right of appeal under section 60(1)(b) .(3) The Board, on its own motion, may at any time review a condition that a person's registration has been made subject to under section 27(2) .(4) After it has reviewed a condition of a person's registration under this section, the Board may –(a) leave the condition in place; or(b) remove the condition; or(c) modify the condition so as to make it less onerous.(5) As soon as practicable after it has reviewed a condition of a person's registration under this section, the Board must give the person notice of the outcome of the review.
30. 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, that the registration is subject to.(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 practitioner; and(b) the person named in the certificate is entitled to practise 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 practitioner to surrender his or her certificate of registration to enable the Board to issue the practitioner with a new certificate of registration with amended particulars.(6) A registered practitioner who is given a notice under subsection (5) must surrender his or her certificate of registration to the Board within 14 days after being given the notice or within such longer period as the Board may allow.Penalty: Fine not exceeding 15 penalty units.
31. 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 practitioners
(1) The Board must keep 3 registers of practitioners: one called the Register of Dentists, one called the Register of Dental Therapists and one called the Register of Dental Hygienists.(2) The Board must record the following information in the relevant register in relation to each person who is granted registration:(a) the person's full name;(b) the person's business or contact address;(c) the person's qualifications;(d) the date of the person's registration;(e) any conditions that the person's registration has been made subject to under section 27(2) and any modification of those conditions;(f) any approval to practise under a specialist title.(3) The Board must also record the following matters in the relevant register:(a) the renewal of a person's registration;(b) the suspension of a person's registration;(c) any conditions that a person's registration has been made subject to under section 53(1)(d) and any modification of those conditions;(d) the removal from the register of a person's name;(e) the restoration to the register of a person's name;(f) the rescission of an approval to practise under a specialist title;(g) any change in the name of a registered person;(h) any change in the business or contact address of a registered person.(4) The relevant register may contain such other information as the Board considers necessary or appropriate.(5) A registered practitioner, or a practitioner whose registration is suspended, must, within 14 days after changing his or her name, business address or contact address, give the Board notice of the change and the new name or address.Penalty: Fine not exceeding 15 penalty units.
(1) A registered practitioner may apply to the Board to have an inaccurate or erroneous entry in a 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 the application.(3) The Board may require the applicant to provide such further information or evidence as it considers necessary in order to consider the application.
(1) A person may, on payment of the prescribed fee, inspect any register at the office of the Board.(2) A person inspecting a register may, on payment of the prescribed fee, obtain a copy of or extract from that register.(3) The Board may waive all or part of a fee.
(1) The Board may publish in the Gazette –(a) a copy of a register or part of a register; or(b) a notice of the grant of registration to any person including any conditions imposed on the registration and any modification of those conditions; or(c) a notice of the removal from a register of the name of any person; or(d) a notice of the restoration to a 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 53 in relation to a registered practitioner; or(g) a notice of the granting or rescission of any approval under section 72 .(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 all or part of the fee.
36. Protection of private information
Notwithstanding sections 34 and 35 –(a) a register made available for public inspection need not include the information, or all of the information, referred to in section 32(4) ; and(b) a copy of a register or part of a register published in the Gazette need not include the information, or all of the information, referred to in section 32(4) ; and(c) if the Board records a person's private address in a register, that address is not to appear in that register as made available for public inspection or be published in the Gazette without the person's consent.
(1) In this section –due date means –(a) 31 December; or(b) if another date is prescribed, that date;registered practitioner includes a person whose registration is suspended.(2) A registered practitioner 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 may require regarding the practitioner's professional indemnification arrangements or any other matter that is relevant to the practitioner's registration.(3) A registered practitioner who pays the prescribed annual registration fee after but within 30 days after the due date must pay the prescribed late fee.(4) The Board may waive all or part of the annual registration fee or late fee.(5) Subject to subsections (6) and (7) , the Board must immediately issue a new certificate of registration to each registered practitioner who, in any year –(a) pays the prescribed annual registration fee on or before the due date; or(b) pays the prescribed annual registration fee and late fee after but within 30 days after the due date.(6) The Board may refuse to issue the new certificate of registration if it is not satisfied that the registered practitioner –(a) complies with the requirements specified in section 23(1)(b) , (c) , (d) and (e) ; or(b) has adequate professional indemnification arrangements.(7) The Board must not issue the new certificate of registration in the case of a registered practitioner who has not actively practised in the 5 year period immediately preceding the due date unless it is satisfied that the person –(a) complies with the requirements specified in section 23(1)(b) , (c) , (d) and (e) ; and(b) would, if applying to be registered for the first time, be eligible to apply for that registration.(8) The name of a registered practitioner who in any year fails to pay the prescribed annual registration fee on or before the due date, or the prescribed annual registration fee and late fee within 30 days after the due date, is to be removed from the relevant register in accordance with section 38 .(9) The name of a registered practitioner who is refused the issue of a new certificate of registration pursuant to subsection (6) or (7) is to be removed from the relevant register in accordance with section 38 .(10) In a case to which subsection (9) applies, the Board must refund the annual registration fee and, if applicable, late fee.(11) For the purposes of this section, other than subsection (10) , a person whose obligation to pay a fee has been wholly or partially waived is taken to have paid that fee.
(1) Subject to subsection (2) –(a) the Board may remove from a register the name of a person who –(i) contravenes a condition of his or her registration; or(ii) fails to pay, within the time specified for payment, a fine imposed on the person under section 53(1)(c) ; or(iii) fails to comply with a requirement made of the person under section 53(1)(e) ; or(iv) fails to honour an undertaking given to the Board; and(b) the Board must remove from a 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 relation to whom a decision under section 53(1)(a) 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 practise under a foreign practitioners 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 a register under subsection (1)(a) or subsection (1)(b)(vi) , (vii) or (viii) without first affording the person a reasonable opportunity to be heard.(3) If the Board removes a living person's name from a register it must, except in a case to which subsection (1)(b)(iii) applies, immediately give the person notice of the removal.(4) The notice 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 person of his or her right of appeal.(5) A person ceases to be a registered practitioner when the giving of the notice has been effected.(6) If the Board removes a living person's name from a register it may require that a specified period must elapse or that a specified condition must be fulfilled before the person may apply for registration.
39. Deregistered person must surrender certificate
A person who is given notice by the Board that his or her name has been removed from a register must surrender his or her certificate of registration to the Board within 7 days after being given the notice or within such longer period as the Board may allow.Penalty: Fine not exceeding 15 penalty units and, in the case of a continuing offence, a further fine not exceeding 1.5 penalty units for each day during which the offence continues.
40. Restoring name on register
(1) Subject to this section, on payment of the prescribed restoration fee and annual registration fee the Board must restore a person's name to a register if –(a) the person previously requested the removal of his or her name from the register 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 from the register under section 38(1)(b)(iv) .(2) The Board may waive all or part of the fees.(3) The Board may refuse to restore a person's name to a register if it is not satisfied that the person –(a) complies with the requirements specified in section 23(1)(b) , (c) , (d) and (e) ; or(b) has adequate professional indemnification arrangements.(4) If the Board refuses to restore a person's name to a 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) If the Board restores a person's name to the register it must, on request, issue the person with a new certificate of registration.
(1) A copy of an entry in a 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 practitioner 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 for a period specified in the certificate;(c) a person specified in the certificate did or did not have approval to practise under a specialist title on a date or for a period specified in the certificate;(d) the registration of a person specified in the certificate was totally or partially suspended on a date or for a period specified in the certificate;(e) the name of a person specified in the certificate was removed from a register on a date or for a period specified in the certificate.
PART 4 - Discipline
Division 1 - Complaints
(1) Any person may make a complaint against a registered practitioner.(2) The Board must ensure that a complaint is investigated in accordance with this Part.(3) 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 practitioner and, for that purpose, a reference in this Act to a registered practitioner includes a reference to a person who has ceased to be registered or whose registration is suspended.(4) 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 of complaint
(1) Without limiting the matters about which a complaint may be made, a person may complain that a registered practitioner –(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 practitioner was registered; or(c) lacks sufficient physical capacity, mental capacity or skill to practise; 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 practitioner is guilty of such misconduct if the practitioner –(a) contravenes section 31 or section 59(4) or Part 6 , or a provision of the regulations that is prescribed as a disciplinary regulation; or(b) contravenes the Dental Code; or(c) contravenes a foreign practitioners law; or(d) contravenes a condition of his or her registration; or(e) fails to pay, within the time specified for payment, a fine imposed on the practitioner under section 53(1)(c) ; or(f) fails to comply with a requirement made of the practitioner under section 53(1)(e) ; or(g) fails to honour an undertaking given to the Board; or(h) is negligent or incompetent as a practitioner; or(i) behaves in a fraudulent or dishonest manner as a practitioner; or(j) influences or attempts to influence the provision of a dental service in a way that is likely to compromise patient care; or(k) fails to properly supervise a person employed or engaged by the practitioner; or(l) provides, without a patient's permission, a dental service that is extravagant or not reasonably necessary for the patient's welfare; or(m) practises under a specialist title without approval; or(n) practises from inadequate or inappropriate premises.
(1) A complaint is to –(a) be made in writing; and(b) contain particulars of the matter complained of; and(c) identify, if possible, the registered practitioner against whom the complaint is being made or set out such information relating to the identity of the registered practitioner as is known to the complainant; and(d) identify the complainant; 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 the person to make the complaint in accordance with this section.(3) The Registrar must record the date on which a complaint is received.
Division 2 - Dealing with complaints
Subdivision 1 - Health Complaints Act
45. Division is subject to Health Complaints Act
This Division has effect subject to Part 7 of the Health Complaints Act 1995 .
Subdivision 2 - Preliminary investigations
46. Preliminary investigation of complaints
(1) In the first instance, a complaint is to be referred to a committee established pursuant to section 12 for investigation.(2) A committee so established is called an investigating committee.(3) An investigating committee is to be constituted by at least 3 persons who are not members of the Board.(4) The majority of the members of an investigating committee are to be –(a) registered dentists if the investigation concerns a dentist; or(b) registered dental therapists if the investigation concerns a dental therapist; or(c) registered dental hygienists if the investigation concerns a dental hygienist.(5) On commencing an investigation into a complaint, or at any subsequent time during its investigation, an investigating committee may –(a) give notice of the complaint, and such other matters as the committee considers appropriate, to the registered practitioner who is the subject of the complaint; and(b) require the complainant to provide further particulars of the complaint.(6) Schedule 3 has effect in relation to the powers and procedures of an investigating committee.
47. Board may initiate investigations
(1) The Board, on its own motion, may refer any matter that it considers could be grounds for a complaint against a registered practitioner to an investigating committee for investigation.(2) Subsections (3) and (4) of section 42 have the same application to a matter referred to in subsection (1) as they do to a complaint.(3) For the purposes of this Division, a matter referred to an investigating committee under this section is taken to be, and is to be dealt with as, a complaint.
48. Action to be taken following preliminary investigation
After it has investigated a complaint, an investigating committee must –(a) recommend to the Board that the complaint be dismissed; or(b) institute informal disciplinary proceedings on the complaint; or(c) institute formal disciplinary proceedings on the complaint.
Subdivision 3 - Dismissals and informal disciplinary proceedings
49. Recommendations to dismiss complaints
(1) An investigating committee has cause to recommend the dismissal of a complaint under section 48(a) if the committee is satisfied that –(a) the complaint is frivolous or vexatious; or(b) the matter complained of is trivial; or(c) the complaint, though apparently genuine, is not capable of being substantiated; or(d) the complaint, on some other reasonable ground, should be dismissed.(2) In a recommendation, an investigating committee must –(a) set out its reasons for the recommendation; and(b) include or identify any evidence or information on which its recommendation is based; and(c) indicate whether it has given notice of the complaint to the practitioner concerned; and(d) mention any other matters that it considers relevant.(3) For the purpose of considering a recommendation, the Board may require an investigating committee to provide it with further information or evidence.(4) After it has considered a recommendation, the Board must –(a) accept the recommendation; or(b) if satisfied that there are reasonable grounds to do so, reject the recommendation.(5) Acceptance of a recommendation dismisses the complaint to which it relates.(6) As soon as practicable after accepting a recommendation, the Board must –(a) give the complainant notice that the complaint has been dismissed, together with such explanation as the Board considers appropriate; and(b) if the practitioner concerned had formal notice of the complaint, give the practitioner notice that the complaint has been dismissed, together with such explanation as the Board considers appropriate.(7) The Board, in its discretion, may give a practitioner notice that a complaint against the practitioner has been made and dismissed even if the practitioner had no formal notice of the complaint.(8) As soon as practicable after rejecting an investigating committee’s recommendation, the Board must give the committee notice of its decision, and the reasons for its decision, and direct the committee to –(a) institute informal disciplinary proceedings on the complaint; or(b) institute formal disciplinary proceedings on the complaint.(9) In determining whether an investigating committee should be directed to institute informal or formal disciplinary proceedings in a case to which subsection (8) applies, the Board may have regard to the seriousness of the complaint, the cooperativeness of the practitioner concerned and such other factors as it considers appropriate.
50. Dealing with complaints by way of informal disciplinary proceedings
(1) An investigating committee has cause to institute informal disciplinary proceedings on a complaint under section 48(b) if –(a) the committee is satisfied, having regard to the objectives in section 9 , that the complaint, though made on reasonable grounds, is not of a serious kind; or(b) the committee is unable to form any conclusion, or is unsure what other action to take, regarding the complaint.(2) An investigating committee must institute informal disciplinary proceedings on a complaint if the Board directs it to do so under section 49(8) .(3) An investigating committee that institutes informal disciplinary proceedings on a complaint must, as soon as practicable, give notice of that fact to the complainant, together with such explanation as the committee considers appropriate.(4) An investigating committee institutes informal disciplinary proceedings on a complaint by giving the practitioner concerned a notice requiring the practitioner to –(a) appear before the Board to give an explanation; or(b) provide the Board with a written explanation.(5) In determining whether to require a personal appearance or a written explanation, an investigating committee may have regard to the complexity of the complaint, the cooperativeness of the practitioner concerned, travelling hardship and such other factors as it considers appropriate.(6) A notice under subsection (4)(a) is to –(a) set out particulars of the complaint; and(b) specify the date, time and place at which the practitioner is required to appear; and(c) inform the practitioner that, before that date, he or she may request in writing that the complaint be dealt with by way of formal disciplinary proceedings; and(d) inform the practitioner of the other circumstances in which the complaint may become the subject of formal disciplinary proceedings; and(e) state that the appearance before the Board is not open to the public; and(f) state that the practitioner is entitled to make submissions when appearing before the Board but is not entitled to be represented.(7) A notice under subsection (4)(b) is to –(a) set out particulars of the complaint; and(b) specify a date by which the practitioner is required to provide the written explanation; and(c) inform the practitioner that, before that date, he or she may request in writing that the complaint be dealt with by way of formal disciplinary proceedings; and(d) inform the practitioner of the other circumstances in which the complaint may become the subject of formal disciplinary proceedings.(8) A notice under subsection (4) may contain such other information as an investigating committee considers appropriate.(9) The date specified under subsection (6)(b) or subsection (7)(b) is to be not less than 14 days after the date of giving the notice.(10) If, after considering an explanation given to it under this section, the Board is not satisfied that a complaint has been substantiated, it must –(a) dismiss the complaint; and(b) give the complainant and the practitioner concerned notice of the dismissal, together with such explanation as it considers appropriate.(11) If, after considering an explanation given to it under this section, the Board is satisfied that a complaint has been substantiated but that it is not sufficiently serious to warrant formal disciplinary proceedings, the Board may do either or both of the following:(a) caution or reprimand the practitioner concerned;(b) accept an undertaking from the practitioner concerned to take or refrain from taking specified action.(12) Except in a case to which section 51(2)(e) applies, the Board must, as soon as practicable, give the complainant notice of its finding and the action taken, together with such explanation as the Board considers appropriate.(13) A meeting of the Board convened for the purposes of this section is not open to the public.(14) The Board is not taken to constitute a disciplinary tribunal when acting under this section.
Subdivision 4 - Formal disciplinary proceedings
51. Dealing with complaints by way of formal disciplinary proceedings
(1) An investigating committee has cause to institute formal disciplinary proceedings on a complaint under section 48(c) if the committee is satisfied, having regard to the objectives in section 9 , that the complaint has been made on reasonable grounds and is of a serious kind.(2) An investigating committee must institute formal disciplinary proceedings on a complaint if –(a) the practitioner concerned fails to appear before the Board as required by a notice under section 50(4)(a) or, before the date of appearance specified in the notice, requests in writing that the complaint be dealt with by way of formal disciplinary proceedings; or(b) the practitioner concerned fails to provide the Board with a written explanation as required by a notice under section 50(4)(b) or, before the date on which the explanation is required to be provided, requests in writing that the complaint be dealt with by way of formal disciplinary proceedings; or(c) in the course of giving an explanation to the Board under section 50 the practitioner concerned requests, orally or in writing, that the complaint be dealt with by way of formal disciplinary proceedings; or(d) after or in the course of considering an explanation under section 50 the Board determines that the complaint is sufficiently serious to warrant formal disciplinary proceedings; or(e) in a case to which section 50(11) applies, the practitioner concerned does one or more of the following:(i) disputes that the complaint has been substantiated;(ii) refuses to accept the caution or reprimand;(iii) refuses to give, or purports to retract, the required undertaking.(3) An investigating committee institutes formal disciplinary proceedings on a complaint by –(a) referring the complaint to the Board in its capacity as a disciplinary tribunal; and(b) giving the practitioner concerned, and the complainant, notice that the proceedings have been instituted.(4) For the purposes of subsection (3) , a summons to appear before the disciplinary tribunal to answer a complaint constitutes sufficient notice to the practitioner concerned.
52. Conduct of formal disciplinary proceedings
(1) Formal disciplinary proceedings are conducted by the Board acting as a disciplinary tribunal.(2) Schedule 3 has effect in relation to the powers and procedures of the Board when it is acting as a disciplinary tribunal.
53. Actions that Board may take following formal disciplinary proceedings
(1) After it has conducted any formal disciplinary proceedings, the Board, in its discretion, may take any one or more of the following actions as it considers appropriate in light of its findings:(a) remove the defendant's name from the relevant register;(b) suspend the defendant's registration, totally or partially, for a period not exceeding 12 months;(c) impose on the defendant a fine not exceeding 50 penalty units;(d) impose a condition on the defendant's registration;(e) require the defendant to take or refrain from taking specified action;(f) caution or reprimand the defendant;(g) dismiss the complaint.(2) In the case of formal disciplinary proceedings relating to a matter referred to in section 43(1)(b) , the Board must take at least the action specified in subsection (1)(a) unless it decides to dismiss the complaint.(3) If the Board decides to impose a fine under subsection (1)(c) , it must specify a period within which the fine is to be paid.(4) If the Board decides to impose a condition on the defendant's registration under subsection (1)(d) it has the same powers in relation to the condition as it has under section 29(3) and (4) in relation to a condition imposed at the time of registration.(5) For the purposes of subsection (1)(e) , but without limiting the generality of that subsection, the Board may require the defendant to do such one or more of the following as may be appropriate in the circumstances:(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 relation to 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 practice;(e) undergo specified training in conjunction with, or before resuming, his or her practice;(f) have no involvement, or only specified limited involvement, in the management of a dental services practice;(g) carry out specified work or actions in relation to his or her business premises;(h) cease practising under a specialist title.(6) 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 a specified period of time.
54. Costs and expenses of formal disciplinary proceedings
(1) The Board may, in addition to exercising power under section 53 , order the defendant to pay such costs and expenses of or arising from the formal disciplinary proceedings, and any preceding investigation or informal disciplinary proceedings, as the Board thinks fit within such period of time as the Board by the order allows.(2) Subsection (1) does not apply if the Board decides to dismiss the complaint.(3) If the Board decides to dismiss the complaint 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 relation to the formal disciplinary proceedings and any preceding investigation or informal disciplinary proceedings.(4) For the purposes of this section, the costs of an investigation may be taken to include any costs incurred under section 59 .
(1) When the Board has decided what action to take under section 53 , it must give the defendant notice of –(a) the decision and the reasons for the decision; and(b) unless section 53(1)(g) applies, the defendant's right of appeal; and(c) any order as to costs made by the Board under section 54(1) .(2) A decision of the Board under section 53(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 affirmed or varied by the Supreme Court or the appeal is withdrawn.(3) The period referred to in subsection (2)(a) is taken to have commenced when notice of the Board's decision is given to the defendant.(4) If a decision of the Board under section 53(1)(b) takes effect, the defendant –(a) in the case of a total suspension of registration, ceases to be registered until the period of suspension expires; or(b) in the case of a partial suspension of registration, ceases to be entitled to practise in the areas of dental services practice to which the partial suspension applies until the period of suspension expires.(5) If the Board's decision takes effect, it may do any or all of the following:(a) give notice of its decision to such practitioners registration authorities and other bodies as it considers appropriate to notify;(b) give notice of its decision to the Secretary;(c) cause notice of its decision to be published in the Gazette,in any newspaper or in any professional publication related to the provision of dental services;(d) cause notice of its decision to be published in any other way it considers appropriate.
Division 3 - Suspension
56. Suspension of registration
(1) The Board may suspend the registration of a practitioner for such period not exceeding 12 months as the Board in the circumstances considers necessary or appropriate if –(a) the practitioner contravenes a condition of the registration; or(b) the practitioner's authority to practise under a foreign practitioners law is suspended for a reason relating to the practitioner's professional conduct or physical or mental capacity; or(c) the practitioner fails to pay, within the time specified for payment, a fine imposed under section 53(1)(c) ; or(d) the practitioner fails to comply with a requirement made of the practitioner under section 53(1)(e) ; or(e) the practitioner 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 the practitioner or investigating on its own motion a matter that could be the subject of a complaint against the practitioner; or(g) the Board reasonably considers that it is in the public interest to suspend the registration; or(h) the Board reasonably considers that the practitioner is practising from inadequate or inappropriate premises.(2) The suspension of registration may be –(a) a total suspension of registration; or(b) a partial suspension of registration, being suspension that applies only in relation to certain areas of practice specified by the Board.(3) The power of the Board to suspend a practitioner's registration under this section is in addition to the power of the Board to suspend the practitioner's registration under section 53(1)(b) .(4) If the Board decides to suspend a practitioner's registration under this section it may afford the practitioner an opportunity to be heard but it is not required to do so.(5) If the Board decides to suspend a practitioner'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 practitioner notice of –(a) the suspension and the reasons for the suspension; and(b) in the case of a partial suspension, the areas of practice to which the suspension applies; and(c) the practitioner's right of appeal.(6) When the giving of the notice is effected in the case of a total suspension of registration, the person is taken not to be registered until the period of suspension specified in the notice expires or the Board's decision is quashed by the Supreme Court or the suspension is revoked by the Board.(7) When the giving of the notice is effected in the case of a partial suspension of registration, the practitioner's entitlement to practise in those areas of practice specified under subsection (2)(b) is suspended until the period of suspension specified in the notice expires or the Board's decision is quashed by the Supreme Court or the suspension is revoked by the Board.(8) A practitioner 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 being given that direction or within such longer period as the Board may allow.Penalty: Fine not exceeding 15 penalty units and, in the case of a continuing offence, a further fine not exceeding 1.5 penalty units for each day during which the offence continues.(9) If the Board suspends a practitioner's registration under this section it has and may exercise, if it considers that it is in the public interest to do so, the same power to give notice of the suspension as it has under section 55(5) in relation to a decision to which that section applies.
If the Board suspends a practitioner's registration under section 56 it may at any time, for any reason it considers sufficient, revoke the suspension.
Division 4 - Miscellaneous
58. Evidence of facts found in other proceedings
A finding of fact in relation to the conduct of a practitioner made in any proceedings in a court or other tribunal to which the practitioner 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.(a) an unregistered person may be practising as a dentist, dental therapist or dental hygienist; or(b) there may be grounds for a complaint against a registered practitioner; or(c) there may be grounds for removing a person's name from a register or suspending a person's registration; or(d) a registered practitioner may lack the physical capacity, mental capacity or skill to practise, either generally or under a specialist title –(2) On production of the authorisation, the inspector may at any reasonable time enter the business premises of a registered practitioner or premises at or from which a person is apparently or purportedly practising 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 that the inspector reasonably suspects are used for the purpose of, or in connection with, the provision of dental 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 practitioner needs access to a document that has been removed from the practitioner's business premises to the custody and control of the Board under subsection (2)(k) , the Board in its discretion may –(a) grant the practitioner reasonable access to the document or to a copy of the document; or(b) provide the practitioner with a copy or certified copy of the document; or(c) retain a copy of the document and return the original to the practitioner.(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.Penalty: Fine not exceeding 25 penalty units.(5) For the purposes of section 15 , an inspector is taken to be an employee of the Board even if not in receipt of remuneration or other benefits.
PART 5 - Appeals
(1) A person may appeal to the Supreme Court if the person is aggrieved by a decision of the Board to –(a) refuse to register the person; or(b) impose a condition on the person's registration under section 27(2) whether or not the condition has been modified under section 29 ; or(c) remove the person's name from a register other than under section 38(1)(b)(ii) , (iii) and (iv) ; or(d) refuse to restore the person's name to a register under section 40 ; or(e) suspend the person's registration under section 56 ; or(f) take an action under section 53 in relation to the person; or(g) take an action under section 71(3) in relation to the person; or(h) rescind or refuse to grant approval under section 72 for the person, if registered, to practise under a specialist title.(2) An appeal is to be made within 30 days after notice of the Board's decision is given to the person.
(1) At the hearing of an appeal against a decision of the Board, the Supreme Court may –(a) affirm the decision; or(b) vary the decision; or(c) quash the decision.(2) If the Court quashes the decision it may, according to the circumstances of the case –(a) substitute for the decision it has quashed any decision that the Board would have had jurisdiction to make in those circumstances; or(b) remit the matter to the Board, with or without directions, for further hearing or consideration or for rehearing or reconsideration.(3) The Court may make any further order that it considers just in the circumstances of the case and, without limiting the generality of this, may order the Board to take or refrain from taking any action in relation to the appellant.
PART 6 - Offences
Division 1 - Public and professional safeguards
(1) A natural person who is not a registered dentist must not hold himself or herself out, or allow himself or herself to be held out, as being a registered dentist.Penalty: 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.(2) A natural person who is not a registered dental therapist must not hold himself or herself out, or allow himself or herself to be held out, as being a registered dental therapist.Penalty: 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.(3) A natural person who is not a registered dental hygienist must not hold himself or herself out, or allow himself or herself to be held out, as being a registered dental hygienist.Penalty: 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.
63. Unauthorised use of practitioner titles
(1) A natural person who is not a registered dentist must not practise a profession or trade under –(a) the title "dentist" or "dental surgeon"; or(b) a title that includes the term "dentist" or "dental surgeon"; or(c) a prescribed title.Penalty: 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.(2) A natural person who is not a registered dental therapist must not practise a profession or trade under –(a) the title "dental therapist"; or(b) a title that includes the term "dental therapist"; or(c) a prescribed title.Penalty: 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.(3) A natural person who is not a registered dental hygienist must not practise a profession or trade under –(a) the title "dental hygienist"; or(b) a title that includes the term "dental hygienist"; or(c) a prescribed title.Penalty: 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.(4) A person is not guilty of practising a trade or profession under a title contrary to a provision of this section if, at the relevant time –(a) the person was, with the approval of the Board, undertaking a program of practical training in dentistry under the supervision of a registered practitioner; and(b) the person practised under the title only in the course of, and for the purposes of, that training.
64. Unregistered persons must not practise dentistry
(1) A person who is not a registered practitioner must not practise dentistry.Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.(2) Subsection (1) does not apply to –(a) a registered medical practitioner acting in the normal course of his or her profession or in circumstances where the services of a registered practitioner are not available; or(b) a person who is registered under the Dental Prosthetists Registration Act 1996 acting in the normal course of his or her profession; or(c) a person who, with the approval of the Board, is undertaking a program of practical training in dentistry under the supervision of a registered practitioner; or(d) a person who, without fee or reward and in the circumstances of an emergency where the services of a medical practitioner or registered practitioner are not available and are unlikely to be available within a reasonable time, carries out a dental procedure to alleviate another person's pain or distress; or(e) a prescribed person.
65. Improper directions to employees
(1) In this section –business means the business of providing dental services;dental service provider means –(a) a registered practitioner; or(b) a body corporate, or a person other than a registered practitioner, that engages in business; or(c) a person who, in any capacity, is involved in the management of a business and in a position to direct or influence the way in which that business is conducted;induce means induce by making a threat or offering a reward;provide means provide or assist in providing.(2) A dental service provider must not direct, induce or allow an employee or agent of the dental service provider to provide a dental service in a particular way if the dental service provider knows, or reasonably ought to know, that providing the dental service in that way is, or is likely to be, detrimental to patient welfare.Penalty: Fine not exceeding 50 penalty units.
Division 2 - General offences
66. Failure to notify Board of civil claims
(1) A registered practitioner must give the Board notice within 14 days after any proceedings claiming damages or other compensation for alleged negligence in the practice of dentistry are commenced against –(a) the registered practitioner; or(b) the registered practitioner’s employer, in relation to an act or omission of the practitioner.Penalty: Fine not exceeding 15 penalty units.(2) A registered practitioner must give the Board notice within 14 days after –(a) any proceedings claiming damages or other compensation for alleged negligence by the practitioner in practice are withdrawn or settled; or(b) a court or other tribunal makes an order in relation to 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 inspection under section 59 or 75 .Penalty: Fine not exceeding 25 penalty units.(2) A person must not forge or fraudulently alter a certificate of registration or an interim certificate of registration.Penalty: Fine not exceeding 25 penalty units.(3) A person must not, with intent to obtain, retain or claim registration under this Act –(a) forge or fraudulently alter a University Degree or other evidence of a qualification; or(b) utter a University Degree, or other evidence of a qualification, knowing it to be forged or fraudulently altered.Penalty: Fine not exceeding 25 penalty units.
A person must not obstruct, hinder, threaten or intimidate another person –(a) in the exercise by the other person of a power conferred by this Act; or(b) in the performance of a function imposed on the other person by this Act.Penalty: Fine not exceeding 25 penalty units.
69. Offences relating to inquiries and investigations, &c.
(1) A person must not, without reasonable excuse –(a) fail to attend an inquiry, investigation or formal disciplinary proceedings as required by summons; or(b) fail in an inquiry, investigation or formal disciplinary proceedings to comply with the requirement to affirm or be sworn; or(c) fail to produce a document when required to do so by a committee of inquiry, investigating committee or disciplinary tribunal; or(d) fail to answer a question when required to do so by a committee of inquiry, investigating committee or disciplinary tribunal.Penalty: 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.(2) A person may be required by a committee of inquiry, investigating committee or disciplinary tribunal 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 the person.(3) If in an inquiry, investigation or formal disciplinary proceedings a person objects to answering a question or producing a document on the grounds that to do so may tend to incriminate the person, the answer to the question or the contents of the document are not admissible in evidence in any other proceedings in relation to the person, other than proceedings in relation to an offence under section 67 or in relation to an appeal under Part 5 .
70. Failure to comply with orders
(1) A person must not –(a) fail to leave a hearing being held in the course of an inquiry or investigation when ordered to do so by the committee conducting the inquiry or investigation; or(b) fail to leave a hearing being held in the course of formal disciplinary proceedings when ordered to do so by the disciplinary tribunal; or(c) 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, an investigating committee or the disciplinary tribunal contrary to an order of that committee or the tribunal; or(b) report or otherwise disclose any information in relation to the proceedings of a committee of inquiry, an investigating committee or the disciplinary tribunal contrary to an order of that committee or the tribunal.(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 relation to a meeting of the Board contrary to an order of the Board.
PART 7 - Miscellaneous
Division 1 - Dual, multiple and specialist registration
71. Dual and multiple registration
(1) A person may be granted and hold any 2 or all 3 of the following kinds of registration provided for by this Act if the person is eligible and entitled to be so registered:(a) registration as a dentist;(b) registration as a dental therapist;(c) registration as a dental hygienist.(2) The following provisions apply to dual and multiple registration:(a) if a person holding one or 2 kinds of registration applies for another kind of registration, an application fee is payable under section 22(1)(c) in relation to the application;(b) if a person holding one kind of registration applies for 2 other kinds of registration, the applications may be separate or combined but a separate application fee is payable under section 22(1)(c) in relation to each kind of registration applied for;(c) if a person who is not registered applies for dual or multiple registration, the applications may be separate or combined but a separate application fee is payable under section 22(1)(c) in relation to each kind of registration applied for;(d) an application for registration of a particular kind is to be regarded as a discrete application by the Registrar, the Board and the Supreme Court notwithstanding that the application may be combined with an application for registration of another kind;(e) if a person is granted dual or multiple interim registration or dual or multiple registration, a separate interim certificate of registration or a separate certificate of registration is to be issued to the person for each kind of registration granted;(f) the fact that a person is granted interim registration or registration of one kind –(i) does not impose an obligation on the Registrar or the Board to grant the person registration of another kind; and(ii) is not to be taken into account in determining the person's eligibility for or entitlement to registration of another kind;(g) conditions imposed on a person in relation to interim registration or registration of one kind may be the same as, or different to, conditions imposed on the person in relation to registration of another kind;(h) a person who has dual or multiple registration is required to pay only one registration fee and, if applicable, one late fee under section 37 in relation to all of those registrations;(i) if the name of a person who holds dual or multiple registration is removed from one register, the Board must immediately remove the person's name from the other register or registers unless –(i) the person requested the removal; or(ii) the person is, in reliance on section 37(8) , allowing the registration to lapse;(j) if a person has more than one kind of registration and one of those registrations is totally suspended for any reason, each of the other registrations is totally suspended automatically;(k) if the first-mentioned suspension in paragraph (j) is revoked or quashed, the automatic suspension of the other registration or registrations is revoked automatically or, subject to any order of the Supreme Court, quashed;(l) if a person has more than one kind of registration and one of those registrations is partially suspended, the Board in its discretion may partially suspend either or, if applicable, both of the other registrations to such extent and for such period as the Board determines;(m) if a person's name is restored to a register under section 40 and the person formerly held dual or multiple registration, the Board must immediately restore the name to the other register or registers unless the person has previously notified the Board –(i) in the case of dual registration, that he or she does not wish to have the dual registration restored; or(ii) in the case of multiple registration, that he or she does not wish to have the other registrations restored or wishes to have only one of the other registrations restored;(n) in a case to which paragraph (m) applies, only one restoration fee and, if applicable, one annual registration fee is payable under section 40 ;(o) if the name of a person holding dual or multiple registration is removed from a register and, on appeal, the Supreme Court orders that the person's name be restored to that register, the Board, in addition to complying with the order and subject to any other orders of the Court, must immediately restore the person's name to the other register or registers;(p) if the Board imposes a condition on a person's registration under section 53(1)(d) and the person holds dual or multiple registration it may, at the same time, also impose the same or a like condition on –(i) in the case of dual registration, the other registration; or(ii) in the case of multiple registration, one or both of the other registrations;(q) if under section 53(1)(e) the Board requires a person holding dual or multiple registration to take or refrain from taking a specified action in relation to one kind of registration it may, at the same time, also require the person to take or refrain from taking the same or a like action in relation to –(i) in the case of dual registration, the other registration; or(ii) in the case of multiple registration, one or both of the other registrations.(3) An issue arising in connection with dual or multiple registration that is not provided for in subsection (2) is to be decided by the Board having regard to the following considerations:(a) protection of the public;(b) fairness to the practitioners concerned;(c) the standing of dental services professions;(d) any previous decisions made by the Board under this subsection, and any associated rulings of the Supreme Court;(e) such other considerations as the Board considers relevant.(4) As soon as practicable after making a decision under subsection (3) , the Board must give notice of the decision to each person who is, or in the reasonable opinion of the Board is likely to be, directly affected by it.
72. Approval to practise under specialist title
(1) A registered practitioner must not, without the approval of the Board –(a) practise dentistry under a specialist title; or(b) hold himself or herself out as being entitled to practise dentistry under a specialist title; or(c) allow himself or herself to be held out as being entitled to practise dentistry under a specialist title.Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.(2) A person is not guilty of an offence under subsection (1) in relation to a specialist title if the person holds interim registration and has the Registrar's permission to practise under that title during the interim registration.(3) An application for approval to practise under a specialist title may be made –(a) when applying for or renewing registration; or(b) at any other time.(4) The application is to be –(a) in a form approved by the Board; and(b) lodged with the Registrar; and(c) accompanied by the prescribed fee, if any; and(d) accompanied by such information or evidence as the Board requires.(5) The Board may –(a) require the applicant to provide such further information or evidence as it considers necessary to consider the application; and(b) consult any Australian specialist college, institute, association or other body in relation to the application.(6) The Board may waive all or part of the fee.(7) The Board may grant the approval if it is satisfied on reasonable grounds that the applicant is qualified, whether by training or experience, or both, to practise in the relevant speciality.(8) An approval granted under this section remains valid until it is rescinded.(9) The Board may rescind an approval granted under this section if it is satisfied on reasonable grounds that the registered practitioner concerned is no longer qualified to practise in the relevant speciality.(10) As soon as practicable after the Board decides to grant, refuse to grant or rescind an approval under this section it must give the person concerned notice of –(a) the decision; and(b) in the case of refusal or rescission, the reasons for the decision and, if the person is registered, the person's right of appeal.(11) The Board or Registrar may –(a) endorse an approval on a certificate, or interim certificate, of registration; or(b) issue a discrete certificate, or interim certificate, for an approval.
Division 2 - Obligations to provide information
73. Medical practitioners' notices relating to fitness to practise
A registered medical practitioner who signs an order under the Mental Health Act 1996 or a medical recommendation within the meaning of the Alcohol and Drug Dependency Act 1968 in relation to a person who the medical practitioner knows or believes is registered under this Act must, as soon as practicable after signing the order or recommendation, give the Board notice of that fact.Penalty: Fine not exceeding 5 penalty units.
74. Information about bodies corporate
(1) In this section –corporate provider means a body corporate that provides dental services or causes or allows such services to be provided in its name or on its behalf;reasonable period means a period, of at least 21 days, determined by the Board;relevant information means information that the Board reasonably considers it necessary or expedient to have for the purposes of exercising its powers or performing its functions.(2) The Board, by notice, may require a corporate provider to give it any one or more of the following:(a) any relevant information about the corporate provider's membership, shareholdings, officers or employees;(b) any other relevant information about the corporate provider's structure, management or operations;(c) a copy of the corporate provider's memorandum or articles of association.(3) A corporate provider must comply with a notice under subsection (2) within such reasonable period as is specified in the notice.Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.(4) The Board, by notice, may require a registered practitioner to give it any relevant information about his or her involvement with a corporate provider.(5) A registered practitioner must comply with a notice under subsection (4) within such reasonable period as is specified in the notice.Penalty: 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.
Division 3 - Infection control
75. Infection control monitoring
(1) The Board may, in writing, authorise an appropriately qualified person to act as an infection control monitor.(2) The function of an infection control monitor is to conduct inspections for the purpose of checking the infection control standards and procedures of registered practitioners and monitoring compliance with –(a) any prescribed infection control requirements; and(b) any infection control directions or guidelines contained in the Dental Code.(3) An infection control monitor –(a) may conduct inspections at random or according to a routine, or both; and(b) may give advance notice of a proposed inspection but is not required to do so; and(c) may conduct an inspection during the normal business hours kept by a practitioner or, with the practitioner's permission, outside those hours; and(d) must carry his or her authorisation at all times and produce it on demand to any person on premises under inspection, other than a patient, who asks to see it; and(e) may, in the course of an inspection –(i) ask questions and require answers of any person other than a patient; and(ii) examine or test any equipment, or direct that any equipment be operated in the inspector's presence; and(iii) direct any procedure related to infection control to be carried out in the inspector's presence; and(iv) make notes and take photographs; and(v) ask to see documents related to equipment or procedures; and(f) must give the Board such reports about inspections and related matters as it requires.(4) An infection control monitor must not –(a) use force or threats in the performance of his or her function, whether to gain entry to any premises or otherwise; or(b) do anything in the course of an inspection that causes the treatment of a patient to be interrupted or otherwise interferes with patient welfare or comfort; or(c) seize anything in the course of an inspection; or(d) ask to see patient records; or(e) give, in the course of an inspection, any directions not authorised under this section.(5) A registered practitioner must not, without reasonable excuse, refuse to admit an infection control monitor to the practitioner's professional premises during the normal business hours kept by that practitioner.Penalty: Fine not exceeding 25 penalty units.(6) A person who is a registered practitioner or the employee or agent of a registered practitioner must not, without reasonable excuse, fail to cooperate with an infection control monitor who is conducting an inspection in accordance with this section.Penalty: Fine not exceeding 25 penalty units.(7) For the purposes of subsections (5) and (6) , and without limiting those subsections –(a) interrupting the treatment of a patient constitutes a reasonable excuse; but(b) deferring, for a short time, the commencement of a patient's consultation with a registered practitioner does not constitute an interruption of patient treatment except in an emergency.(8) A person must not give, agree to give or offer to an infection control monitor 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.(9) For the purposes of section 15 , an infection control monitor is taken to be an employee of the Board even if not in receipt of remuneration or other benefits.
Division 4 - Administrative and legal
(1) A document may be given to 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; or(c) by sending it by way of electronic mail to the Board's electronic mail address.(2) A document may be given to another person by –(a) in the case of an individual –(i) handing it to the person; or(ii) leaving it at, or sending it by post to, the person's postal or residential address or place or address of business or employment last known to the giver of the document; or(iii) sending it by way of facsimile transmission to the person's facsimile number; or(iv) sending it by way of electronic mail to the person's electronic mail address; and(b) in the case of any other person –(i) leaving it at, or sending it by post to, the person's principal or registered office or principal place of business; or(ii) sending it by way of facsimile transmission to the person's facsimile number; or(iii) sending it by way of electronic mail to the person's electronic mail address.(3) A document that is posted to a person is taken not to have been given to the person until the time when it would have been delivered in the ordinary course of post.
(1) The Board may have a common seal and, if so, it 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.
(1) 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.(2) In subsection (1) , a reference to the Board includes a reference to the Board acting as a disciplinary tribunal.
79. 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 53(1)(c) may be recovered as a debt due to the Board.(4) Any costs and expenses ordered to be paid under section 54(1) are recoverable as a debt due to the Board.
80. Punishment of conduct constituting an offence
If conduct that constitutes an offence against this Act is also grounds for action under section 50 , 53 or 56 –(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.
81. 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 to have also 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 the 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.
(1) The Governor may make regulations for the purposes of this Act.(2) Without limiting the generality of subsection (1) , the regulations may –(a) prescribe precautions to be taken to control the risk of infection and other precautions to be taken for the comfort, safety and welfare of patients; and(b) prescribe continuing professional education requirements for practitioners; and(c) prescribe standards in relation to the business premises of practitioners.(3) Regulations made under this section, including any regulations prescribing fees, 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 (whether acting as a disciplinary tribunal or otherwise).(4) Regulations made under this section may –(a) provide that a contravention of any of the regulations is an offence; and(b) in relation to 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) The Governor may make regulations 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 day.
Division 5 - Consequential and transitional
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 Health and Human Services; and(b) the department responsible to the Minister for Health and Human Services in relation to the administration of this Act is the Department of Health and Human Services.
84. Savings and transitional provisions
The savings and transitional provisions set out in Schedule 4 have effect.
85. Interim fees and related matters
(1) Until fees are prescribed for the purposes of this Act, the fees specified in Schedule 5 are the fees that are payable under this Act in relation to the various matters to which they respectively relate.(2) Unless otherwise prescribed –(a) the Fee Units Act 1997 does not apply to this Act; and(b) fees specified in or prescribed by this Act are GST inclusive.(3) For the purposes of subsection (2)(b) ,GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.
(1) The Dental Act 1982 and the School Dental Therapy Service Act 1965 are repealed.(2) The following regulations are rescinded:(a) Dental Regulations 1983;(b) Dental Amendment Regulations 1984;(c) Dental Amendment Regulations 1987;(d) Dental Amendment Regulations 1991;(e) Dental Amendment Regulations 1992;(f) Dental Amendment Regulations (No. 2) 1992;(g) Dental Amendment (Fees) Regulations 1997;(h) Dental Amendment Regulations 2000.
See Schedule 6 .
SCHEDULE 1 - Provisions in relation to membership of Board
1. Term of office(1) A member is 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 6(1)(a) , (b) or (d) ceases to be qualified for office if he or she ceases to be a registered practitioner.
5. Filling of vacanciesIf the office of a member becomes vacant, the Governor may appoint an appropriate person to the vacant office for the remainder of that member’s term of office.
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.
7. Provisions apply to Board in any capacityThis Schedule continues to apply to the Board when it is acting as a disciplinary tribunal.
SCHEDULE 2 - Provisions in relation to meetings of Board
1. Convening of meetingsA meeting of the Board may be convened by the President or by any 2 members.
2. Procedure at meetings(1) A quorum at any duly convened meeting of the Board is constituted by –(a) five members if the Board includes a person appointed under section 6(1)(d) ; or(b) four members in any other case.(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 President is to preside at all meetings of the Board at which he or she is present.(2) If the President 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) a meeting convened for the purposes of section 50 ; or(b) a meeting of the Board when it is acting as a disciplinary tribunal.(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 relation to 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 practitioner; or(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered practitioner or any other person.
7. Special participation(1) The Board may permit members to participate in a particular meeting by a telephone or other means of communication.(2) A member who participates in a meeting under a permission granted under subclause (1) is taken to be present at the meeting.
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.
9. Board may determine own meeting procedureExcept as otherwise provided by this Schedule, the procedure for calling meetings of the Board and for the conduct of business at its meetings is as determined by the Board.
SCHEDULE 3 - Powers and procedures of disciplinary tribunal and certain committees
Sections 25(4) , 46(6) and 52(2)
1. InterpretationIn this Schedule –committee means a committee of inquiry or investigating committee;hearing means that part of any proceedings during which evidence is taken, oral submissions are made or findings are announced;investigative body means the disciplinary tribunal or a committee;proceedings includes informal disciplinary proceedings, formal disciplinary proceedings, inquiries and investigations.
2. PowersAn investigative body may –(a) summon any person to appear before it to give evidence; 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 any proceedings from time to time and from place to place.
3. ProcedureAn investigative body –(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 of inquiry, by notice, may require an applicant to have a medical examination at the Board’s expense.(3) An investigating committee, by notice, may require a practitioner who is the subject of an investigation to have a medical examination if the committee reasonably considers that the practitioner's medical condition may be a relevant consideration for the purposes of the investigation.(4) The disciplinary tribunal, by notice, may require a practitioner who is the subject of formal disciplinary proceedings to have a medical examination if the tribunal reasonably considers the practitioner's medical condition to be a relevant consideration for the purposes of the proceedings.(5) A notice under this clause is to specify –(a) the name of the medical practitioner or other health care provider who is to carry out the medical examination; and(b) the date, time and place of the medical examination.(6) The date, time and place specified for a medical examination must be reasonable.(7) The medical practitioner or other health care provider who carries out the medical examination must give a written report of the results of the examination to –(a) the person examined; and(b) the investigative body that required the examination.(8) The costs of a medical examination carried out under this clause are to be met by the Board.
5. Hearings to be open to public(1) Except as provided in subclause (2) , a hearing is to be open to the public.(2) An investigative body conducting a hearing 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 relation to the proceedings.(3) Without limiting the range of grounds that may be relevant for the purposes of subclause (2) , an investigative body may exercise its power under that subclause if –(a) it is dealing with privileged information or information that has been communicated to the investigative body in confidence; or(b) it is dealing with information concerning the personal affairs, finances or business arrangements of a registered practitioner; or(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered practitioner or any other person.(4) Nothing in this clause is to be taken as preventing an investigative body from –(a) meeting in camera before a hearing for the purposes of preparing for that hearing; or(b) meeting in camera for the purposes of deliberating on or reaching a finding on any matter in the course of, or at the conclusion of, any hearing.
6. Representation, &c.(1) An applicant who is the subject of an inquiry is entitled to attend a hearing held in the course of that inquiry and to be represented by a legal practitioner or any other person.(2) A practitioner who is the subject of an investigation is entitled to attend a hearing held in the course of that investigation and to be represented by a legal practitioner or any other person.(3) A defendant is entitled to attend a hearing held in the course of the formal disciplinary proceedings involving the defendant and to be represented at the hearing by a legal practitioner or any other person.(4) The Board, at its own expense, may appoint a legal practitioner or any other person to –(a) assist a committee with the conduct of any proceedings; or(b) assist the disciplinary tribunal with the conduct of any formal disciplinary proceedings; or(c) prosecute a matter before the disciplinary tribunal or assist another person to prosecute any such matter.(5) The Secretary may –(a) become a party to any proceedings; and(b) be represented in the proceedings by an employee of the Department.
7. General procedures of disciplinary tribunal(1) In this clause,relevant provisions means clauses 1 , 2 , 3 , 4 and 5 of Schedule 2 .(2) In their application to the disciplinary tribunal, the provisions of this Schedule are in addition to, and not in substitution of, the relevant provisions.(3) When the Board is acting as a disciplinary tribunal it –(a) must continue to comply with the relevant provisions; but(b) may otherwise regulate its own proceedings in accordance with this Act.
SCHEDULE 4 - Savings and transitional provisions
1. InterpretationIn this Schedule, unless the contrary intention appears –commencement day means the day proclaimed under section 2 ;conditions includes limitations and restrictions;former Board means the Dental Board of Tasmania as constituted under the old Act;old Act means the Dental Act 1982 ;transitional period means the 6 month period immediately following the commencement day.
2. Initial RegistrarThe person who, immediately before the commencement day, was Registrar of the former Board continues as Registrar under and subject to this Act.
3. Continuation of register(1) Until the Board is able to prepare the Register of Dentists that it is required to keep by section 32 of this Act, the register maintained by the former Board under section 16 of the old Act may continue to serve as the Register of Dentists notwithstanding that it does not comply with the requirements of this Act.(2) The Board must ensure that a Register of Dentists complying with this Act is prepared before the end of the transitional period.
4. Continuation of full registration: dentists(1) A person who, immediately before the commencement day, held full registration as a dentist under the old Act is, on and after that day, taken to hold unconditional registration as a dentist under and subject to this Act.(2) Subclause (1) has effect even if, immediately before the commencement day, the person's registration under the old Act was suspended.(3) If, immediately before the commencement day, the person's registration under the old Act was suspended –(a) the person's registration under this Act is also taken to be suspended; and(b) the suspension remains in force, under and subject to this Act and subject to any order of the Supreme Court, for the same period as it would have remained in force had this Act not been enacted.
5. Continuation of limited registration: dentists(1) A person who, immediately before the commencement day, held limited registration as a dentist under the old Act is, on and after that day, taken to be registered as a dentist, under and subject to this Act, on the same conditions as applied to the former registration.(2) Subclause (1) has effect even if, immediately before the commencement day, the person's registration under the old Act was suspended.(3) If, immediately before the commencement day, the person's registration under the old Act was suspended –(a) the person's registration under this Act is also taken to be suspended; and(b) the suspension remains in force, under and subject to this Act and subject to any order of the Supreme Court, for the same period as it would have remained in force had this Act not been enacted.
6. Continuation of temporary registration: dentists(1) A person who, immediately before the commencement day, held temporary registration as a dentist under the old Act is, on and after that day, taken to hold unconditional interim registration as a dentist under and subject to this Act.(2) The Registrar must, as soon as practicable after the commencement day, issue the person with an interim certificate of registration in such form, and containing such information, as the Registrar determines is appropriate.(3) The Registrar must not impose conditions on the interim registration.(4) Subsections (8) and (9) of section 24 have the same application to the interim registration as they do to any other interim registration granted under this Act.(5) The interim registration continues in force until whichever of the following first occurs:(a) the transitional period expires;(b) the person is given notice by the Board that it has –(i) registered the person; or(ii) refused to register the person; or(iii) cancelled the person's interim registration.(6) This clause has effect notwithstanding anything to the contrary in this Act or the old Act.
7. Continuation of entitlement to practise under specialist title(1) This clause applies to a person who, immediately before the commencement day –(a) held full, limited or temporary registration under the old Act; and(b) was lawfully authorised to practise dentistry under a specialist title.(2) A person to whom this clause applies is, on and after the commencement day, taken to have the approval of the Board under and subject to section 72 of this Act to practise under the same specialist title.
8. School dental therapists: temporary continuation of school dental therapy service(1) During the transitional period, a person who is not registered may practise dentistry on persons who have not attained the age of 16 years if –(a) immediately before the commencement day, the person was a dental therapist within the meaning of the School Dental Therapy Service Act 1965 ; and(b) the person practises subject to the same restrictions and limitations as were specified and applied to the person under the School Dental Therapy Service Act 1965 immediately before that day.(2) A person who practises dentistry in accordance with this clause does not, by reason only of that practice, commit an offence under this Act.(3) This clause has effect notwithstanding –(a) section 86 or any other provision of this Act; or(b) any provision of the Dental Code.
9. Government dental therapists: continuation of trial(1) During the 3 year period following the commencement day, a person who is registered as a dental therapist may practise dentistry on persons who have attained the age of 16 years if the person –(a) is employed or engaged by the Department as a dental therapist; and(b) has such qualifications, training or expertise as the Minister determines; and(c) practises dentistry only under the direct supervision of a registered dentist; and(d) provides only such services in connection with that practice as may be prescribed or directed by a registered dentist; and(e) complies with any other restriction or procedure determined by the Minister.(2) A person who practises dentistry in accordance with this clause does not, by reason only of that practice, commit an offence under this Act.(3) This clause has effect notwithstanding –(a) section 86 or any other provision of this Act; or(b) any provision of the Dental Code.
10. Unprocessed applications for registrationIf, immediately before the commencement day, an application for registration made under the old Act had not been determined by the former Board, the application is to be determined by the Board as if it were a valid application for registration made under this Act.
11. Complaints arising before commencement day(1) A person may make a complaint under this Act in relation to a registered practitioner even if the conduct complained of occurred or allegedly occurred before the commencement day, and the complaint may be dealt with and have consequences under this Act in all respects the same as if the complaint were one made on or after the commencement day in relation to conduct that occurred or allegedly occurred on or after the commencement day.(2) The power of the Board under section 47 is exercisable in relation to a matter that occurred or allegedly occurred before the commencement day and any such matter may be dealt with and have consequences under this Act in all respects the same as if it were a matter that occurred or allegedly occurred on or after the commencement day.
12. Appeals under old Act(1) If proceedings on an appeal made to the Supreme Court under section 33 of the old Act had not been concluded immediately before the commencement day, the court may –(a) proceed with and decide the appeal as if the old Act had not been repealed; and(b) make such orders, consistent with this Act, as the court thinks fit and just in the circumstances for the purposes of translating and applying its decision to this Act.(2) The Board and, if applicable, the Registrar must comply with an order of the Supreme Court made pursuant to this clause.
13. 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.
14. Board members(1) The terms of office of the persons who, immediately before the commencement day, were members of the Board are terminated, but those persons are, if qualified, eligible to be appointed as members of the Board under this Act.(2) Service as a member of the former Board is not to be taken into account for the purposes of clause 1(2) of Schedule 1 .
15. Initial appointments to Board: dental therapist(1) Notwithstanding section 6(1)(b) –(a) a person who is not registered as a dental therapist may be nominated as a member of the Board under that section if the Minister is satisfied that the person is reasonably likely to be eligible to apply for and be granted such registration before the transitional period expires; and(b) a person so nominated may be appointed as a member of the Board under that section by the Governor.(2) For the purposes of making a nomination under subclause (1)(a) , the Minister may engage in such consultations with, and consider such recommendations from, such representatives of dental therapists as the Minister sees fit.(3) If a person so nominated and appointed fails to become registered as a dental therapist before the transitional period expires (whether because of a failure to apply for such registration in sufficient time or at all or because an application for such registration is refused) the person's appointment, by virtue of this subclause, is terminated on that expiry.(4) Nothing in this clause is to be taken as preventing the exercise, at any time during the transitional period, of the Governor's powers of removal under clause 4(1)(c) of Schedule 1 in relation to a member appointed to the Board pursuant to this clause.(5) For the purposes of this clause,registration is taken not to include interim registration.
16. Interim qualifications(1) Until a national body or forum is prescribed for the purposes of subsection (1) of section 20 , a person is taken to have a qualification referred to in paragraph (a) of that subsection if he or she –(a) holds –(i) a degree in dental surgery, dental science or dentistry from a university in Australia or New Zealand; or(ii) a degree in dental surgery, dental science or dentistry from a university in the United Kingdom or Eire, being a degree that was formally granted, awarded or conferred on or before 31 December 2000; and(b) has successfully completed each stage of the examinations in dentistry conducted by the Australian or New Zealand Dental Council.(2) Until a national body or forum is prescribed for the purposes of subsection (2) of section 20 , a person is taken to have a qualification referred to in paragraph (a) of that subsection if he or she holds –(a) a Diploma of Oral Health Therapy (Dental Therapy) from the University of Melbourne; or(b) a Diploma in Dental Therapy from the University of Adelaide; or(c) a Certificate granted by the Minister under section 6 of the School Dental Therapy Service Act 1965 ; or(d) a qualification that the Board considers to be at least substantially equivalent to a qualification specified in this subclause.(3) Until a national body or forum is prescribed for the purposes of subsection (3) of section 20 , a person is taken to have a qualification referred to in paragraph (a) of that subsection if he or she holds –(a) a Diploma of Oral Health Therapy (Dental Hygiene) from the University of Melbourne; or(b) a certificate of qualification as a dental hygienist from the Dental Board of New South Wales; or(c) a certificate of qualification as a dental hygienist from the Gillies Plains College of TAFE, South Australia; or(d) a qualification that the Board considers to be at least substantially equivalent to a qualification specified in this subclause.
SCHEDULE 5 - Interim fees
The following abbreviations are used in this table: |
"D" means for registration as a dentist; |
"DT" means for registration as a dental therapist; |
"DH" means for registration as a dental hygienist. |
Type of fee | Section(s) of Act | Amount ($) | |
1. | Fee for application for registration | D:200 DT:100 DH:100 | |
2. | Annual registration fee | D:200 DT:60 DH:60 | |
3. | Late fee | D:40 DT:20 DH:20 | |
4. | Restoration fee | D:80 DT:50 DH:50 | |
5. | Fee for application for approval to practise under specialist title | Nil | |
6. | Fee for replacement certificate of registration | 20 | |
7. | Fee to inspect register | 10 | |
8. | Fee to obtain copy of or extract from register (each page) | 5 | |
9. | Fee to obtain copy of notice (each page) | 5 |
SCHEDULE 6 - Consequential AmendmentsThe amendments effected by Section 87 and this Schedule have been incorporated into the authorised version of the appropriate Acts.