Dental Act Amendment Act 1984 (Qld)

911 (! ueenzi ini ANNO TRICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 81 of 1984 An Act to amend the DentalAct 1971-1973 in certain particulars [ASSENTED TO 26TH OCTOBER, 1984]

912 Dental Act Amendment Act 1984, No. 81 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title. This Act may be cited as the Dental Act Amendment Act 1984. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The Governor may by Proclamation- (a) appoint a date on which this Act (other than section 1 and this section) shall commence; or (b) appoint dates on which the provisions (other than section 1 and this section) of this Act specified in the Proclamation shall commence. Such dates may be appointed in the one Proclamation or in different Proclamations. This Act ( other than section 1 and this section ) or a provision thereof specified in the Proclamation shall commence on the date appointed by Proclamation made under this subsection for the commencement of this Act, or, as the case may be , that provision. 3. Principal Act and citation as amended. (1) In this Act the Dental Act1971-1973 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Dental Act1971-1984. 4. Amendment of s. 2. Parts of Act. Section 2 of the Principal Act is amended by inserting after the words " PART IV-MISCELLANEOUS (ss. 30-37);" the words " PART V-DENTAL COMPANIES (ss. 38-42);". 5. Amendment of s. 4 . Meaning of terms. Section 4 of the Principal Act is amended by- (a) inserting before the definition " Board " the following definition:- " " association of persons " includes an association of persons whether or not it is incorporated;"; (b) inserting after the definition " Board " the following definition:- " " dental company" means a company incorporated in Queensland that is authorized by its Memorandum and Articles of Association to engage in dentistry and, where it does so engage, does so by way of a dentist or dental specialist;". 6. Repeal of and new s . 18. Qualification for registration. The Principal Act is amended by omitting section 18 and substituting the following section:- " 18. Qualification for registration . (1) A person shall be registered as a dentist if he applies to the Board in the prescribed

Dental Act Amendment Act 1984, No. 81 913 form, pays the prescribed fee for registration and satisfies the Board that he is of good fame and character and is residing in Queensland and that- (a) he is the holder of a degree of Bachelor of Dental Science of the University of Queensland or an equivalent degree of any other university in Queensland; (b) he is the holder of one of the prescribed qualifications; or (c) he- (i) has passed through a regular course of study in dentistry in a school or other teaching institution in any country and has, after due examination from a university, college or other body in that country, received a degree, diploma or certificate in dentistry that is recognized in the country in which it was obtained and is acceptable to the Board; and (ii) is the holder of a certificate from the Committee on Overseas Professional Qualifications of the Common- wealth or any other body recognized by the Board as carrying out the functions of that Committee certifying that he has successfully completed all stages of the examination set by that Committee or other recognized body. (2) (a) A person whose application depends on his being the holder of one of the prescribed qualifications referred to in subsection (1) (b) obtained in a country other than Australia or of the qualifications referred to in subsection (1) (c) shall, subject to this Act, in the first instance be entitled to be granted overseas conditional registration as a dentist for a period of one year only and that overseas conditional registration may not be renewed. (b) Subject to this Act, a person who has been granted overseas conditional registration as a dentist pursuant to paragraph (a) shall be deemed to be registered under this Act as a dentist and this Act shall apply to that person during the period of that overseas conditional registration: Provided that the Board may, before the expiry of the period of that overseas conditional registration cancel that registration and such person shall thereupon cease to be deemed to be registered as a dentist under this Act. (c) If a person who, pursuant to paragraph (a), has been granted overseas conditional registration satisfies the Board, prior to the expiry of the period of that overseas conditional registration, that he is practising dentistry in Queensland, the Board may confirm the registration of that person as a dentist under this Act whereupon his registration shall, unless the Board decides otherwise, date from the granting of the overseas conditional registration to that person in the first instance.

914 Dental Act Amendment Act 1984, No. 81 (3) A dentist shall be entitled to be registered as a dental specialist if, being a registered dentist in Queensland, he applies to the Board in the prescribed form, pays the prescribed fee for registration and satisfies the Board that- (a) in relation to a dental specialty in respect of which a degree, diploma or certificate is granted or recognized, he is the holder of a prescribed qualification that relates to that specialty to which his application relates which qualification- (i) accords with' the special condition or conditions set out opposite to the qualification in the by-laws made for the purposes of subparagraph (a) of this subsection; and (ii) has been obtained after due examination following- (A) full time training in the specialty to which the qualification relates for a period of not less than 2 academic years; or (B) part time training in that specialty that is considered by the Board to be equivalent to 2 academic years full time training; (b) he has gained special skill in a particular dental specialty by experience, in that specialty, in the practice of dentistry for a period of not less than 3 years following the granting of the prescribed qualification referred to in provision (a). (4) The Governor in Council may, from time to time, upon the recommendation of the Board by Order in Council prescribe the branches of dentistry which shall be or be deemed to be dental specialties in respect of which a dentist may be registered as a dental specialist.". 7. New s. 20A. The Principal Act is amended by inserting after section 20 the following section:- " 20A. Registration for the purpose of post-graduate study in Queensland . (1) A person who applies to the Board in the prescribed form, pays the prescribed fee and satisfies the Board that- (a) he is of good fame and character; and (b) he is the holder of a degree, diploma or certificate in dentistry of an institution recognized in the country in which it is situated and by the Board as authorized to grant that degree, diploma or certificate, and who has been accepted by the University of Queensland- (c) to undertake a formal postgraduate course in any branch or branches of dentistry; or (d) to conduct in Queensland postgraduate research in any branch or branches of dentistry, shall be entitled to be granted a certificate of registration subject to the condition that the holder of the certificate is restricted

Dental Act Amendment Act 1984, No. 81 915 to practising those branches of dentistry specified in the certificate within the University of Queensland or such other institution as may be nominated by the University of Queensland and approved by the Board and the holder of such a certificate shall not engage in the practice of dentistry otherwise than in accordance with that certificate. (2) The Board may from time to time renew a certificate granted pursuant to subsection (1) upon application made by the holder in the prescribed form and payment of the prescribed fee. (3) The Board may at any time cancel any certificate of registration granted pursuant to this section or any renewal of that certificate. A certificate of registration granted pursuant to this section or any renewal of that certificate shall, unless sooner cancelled by the Board, be in force for the period specified therein. The Board shall not grant a certificate of registration pursuant to this section or any renewal of that certificate for a period longer than one year. (4) During the continuance in force of a certificate of registration granted pursuant to this section or of any renewal of that certificate the grantee named in that certificate shall be deemed to be thereby registered as a dentist so far as relates to the practice by him of dentistry as part of his postgraduate course or research in the branch or branches in respect of which the certificate was granted and this Act shall apply to and with respect to that person accordingly. Except as prescribed by this subsection a person shall not be registered as a dentist by virtue of a certificate granted pursuant to this section or any renewal of that certificate. 8. Amendment of s. 26 . Disciplinary action . Section 26 of the Principal Act is amended by- (a) in subsection (1), omitting paragraph (c) and substituting the following paragraph:- (c) has conducted himself in a manner discreditable to a dentist or a dental specialist in the practice of his profession;"; (b) in subsection (5) omitting from paragraph (c) the expression " $250 " and substituting the expression " $1000 "; (c) omitting subsection (6) and substituting the following subsections:- " (6) Where the Board has dealt with a dentist or dental specialist under the provisions of subsection (5), the Board may order that the dentist pay to the Board by way of costs such sum as it thinks fit. Any costs ordered by the Board to be paid to it under this subsection may be recovered as a debt due and owing to the Board by action in any court of competent jurisdiction.

916 Dental Act Amendment Act 1984, No. 81 (6A) Any pecuniary penalty or costs ordered by the Board to be paid to it pursuant to subsection (5) or (6) shall become due and payable forthwith, or, if the Board allows time for payment thereof immediately upon expiration of the time so allowed. (6s) The registrar shall secure compliance with an order of the Board made under paragraph (a), (b) or (c) of subsection (5) or under subsection (6) and, to that end, when an order is made under paragraph (b) of subsection (5), shall enter in the register or registers against the relevant registration, a memorandum of the suspension of the registration and the cause thereof.". 9. New s. 26A. The Principal Act is amended by inserting after section 26 the following section- 26A. Discreditable conduct by associations of perso ns . (1) Where- (a) any agent, employee or member of an association of persons engaged in the practice of dentistry does or omits to do any thing in the course of his agency with, employment by or membership of the association or acting under the instruction of his principal or employer or of the association; and (b) if that thing had been done or omitted to be done by a dentist or, as the case may be, dental specialist, he would have been liable to be disciplined under this Act for conducting himself in a manner discreditable to a dentist or dental specialist in the practice of his profession, the association of persons is for the purposes of this Act deemed to have done or omitted to do that thing. (2) Where pursuant to subsection (1), an association of persons which is deemed to have done or omitted to do any thing is incorporated every person who is a member of the governing body of that association of persons, by whatever name called, shall (unless it is proved that at the time in question he did not know and had no means of knowing that the thing was done or omitted to be done) also be deemed to have done or omitted to do that thing. (3) Where, pursuant to subsection (1), an association of persons which is deemed to have done or omitted to do any thing is unincorporated every person who is a member of that association of persons shall (unless it is proved that he did not know and had no means of knowing that the thing was done or omitted to be done) also be deemed to have done or omitted to do that thing. (4) Where, pursuant to subsection (2) or (3), a person who is a member of a governing body of an incorporated association or a member of an unincorporated association is deemed to have done or omitted to do any thing the Board may, if that person is

Dental Act Amendment Act 1984, No. 81 917 a dentist or dental specialist, hold an inquiry into the matter pursuant to section 26 so as to satisfy itself whether that person should be disciplined pursuant to the provisions of that section for conducting himself in a manner discreditable to a dentist or, as the case may be, dental specialist.". 10. Amendment of s. 31. Penalty for fraudulent practices . Section 31 of the Principal Act is amended by omitting from subsection (1) the expression " $250 " and substituting the expression "$1 000 ". 11. Amendment of s. 32. General penalty. Section 32 of the Principal Act is amended by omitting from subsection (1) the expression " $250 " and substituting the expression " $1000 ". 12. Amendment of s. 34. Evidentiary provisio ns. Section 34 of the Principal Act is amended by inserting after paragraph (a) the following paragraph " (aa) a certificate purporting to be signed by the registrar certifying that a person has previously been convicted of an offence or offences against any provision of this Act shall, upon its production, be admissable as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the certificate;". 13. Amendment of s. 35. By-laws. Section 35 of the Principal Act is amended by- (a) adding in subparagraph (h) after the words " they are payable " the words " and the conditions under which such fees may be waived or remitted "; (b) omitting from subparagraph (j) the expression " $100 " and substituting the expression " $250 ". 14. New Part V. The Principal Act is amended by adding after section 37 the following heading and sections:- " PART V-DENTAL COMPANIES 38. Formation of dental companies etc. Nothing in this Act is to be construed as prohibiting the formation of a dental company and the practice of dentistry or any dental specialty in the name of a dental company. 39. Dental company may recover dental fees . A dental company is entitled to demand, claim, accept, receive or retain, or sue for, counter-claim for, set-off, or recover by lawful means (judicial or non judicial) remuneration in respect of any service provided under a contract made with it in relation to the practice of dentistry or any dental specialty.

918 Dental Act Amendment Act 1984, No. 81 40. Power to regulate advertising etc. by dental companies. The power of the Board conferred by section 35, to make by-laws includes power to make by-laws of a description referred to in subparagraph (f) of that section in relation to dental companies and for that purpose the subparagraph shall be construed as if the expression " dental company " appeared therein in lieu of the words " dentist or a dental specialist " and the word " itself " appeared in lieu of the word " himself ". 41. Regulation of company names . (1) The Board may,' by notice in writing, require a dental company to take all steps necessary according to law to alter its name to an approved name. (2) The Board may, by notice in writing, require a dental company or a dentist or dental specialist who proposes to establish or join in establishing a dental company to submit to the Board a list of names, in a number specified by the Board, for the dental company or proposed dental company. From a list of names submitted in respect of a dental company or proposed dental company the Board may select one or more names acceptable to it as an approved name, and, upon doing so, shall inform the dental company or, as the case may be, the dentist or dental specialist of its selection. (3) In this section the expression " approved name " means a name that- (a) is approved by the Board ; and (b) is approved by any other person or authority that under a law other than this Act is required to approve the name of a dental company. 42. Presumed contracts with dentists and dental specialists acting for dental companies . Where by reason of an agreement between a person and a dental company a dentist or dental specialist, acting on behalf of the dental company, renders or performs any advice, service, attendance, treatment or operation in relation to the practice of dentistry or any dental specialty to or in relation to any person (whether a party to the agreement or not) it shall be deemed- (a) that an agreement exists between such first-mentioned person and such dentist or, as the case may be, dental specialist for the rendering or performance of that advice, service, attendance, treatment or operation agreed by the dental company to be rendered or performed ; or (b) where more than one dentist or dental specialist so acts on behalf of the dental company, that an agreement exists between such first-mentioned person and each such dentist or, as the case may be, dental specialist for the rendering or performance of that part of that

Dental Act Amendment Act 1984, No. 81 919 advice, service, attendance, treatment or operation agreed to by the dental company to be rendered or performed that is rendered or performed by that dentist or, as the case may be, dental specialist.".