Dental Act Amendment Act 1987 (Qld)

1032 A NN O TRICESIMO S . TO ELIZA ET AE SECUN D AE ? EGINTAE An Act to amend the DentalAct 1971-151 7 in ce rta in p ar ticul ar s .[ASSENTED TO IST DECEMBER, 19871

Dental Act Amendment Act 1987, No. 75 1033 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 1987. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Principal Act and citation as am ended . (1) In this Act the DentalAct 1971-1987, being the Dental Act 1971-1984 as amended by the Medical and Paramedical (Amendment of Inspectorial and AuditProvisions) Act 1987, is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Dental Act 1971-1987. 4. Amendment of long title. The long title of the Principal Act is amended by inserting after the word "Dentistry" the words "and to provide for the registration of Dental Technicians". 5. Amendment of s. 2. Parts of Act. Section 2 of the Principal Act is amended by- (a) in the note appearing in and at the commencement of the section, omitting the word "Parts" and substituting the word "Arran gement"; (b) omitting the expression "4" and substituting the expression 66 5 "; (c) omitting all words from and including the words "Part II" to and including the expression "(ss. 17-29);" and substituting the following words:- "PART II-THE BOARD AND THE STANDING COMMITTEE (ss. 6-16E); Division 1-The Board (ss. 6-16); Division 2-The Standing Committee (ss. 16A-16E); PART III-REGISTRATION (SS. 17-29); Division 1-Registration of Dentists (ss. 17-26A); Division 2-Registration of Dental Technicians (ss. 26B-26G); Division 3-General (ss. 26H-29);". 6. Amendment of s. 4 . Me an ing of terms. Section 4 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1);

1034 Dental Act Amendment Act 1987, No. 75 (b) inserting after the definition "dental specialty" the following definition:- "dental technician" means a person registered as a dental technician under this Act and whose name remains upon the Register of Dental Technicians;"; (c) inserting after the definition "Register of Dental Specialists" the following definition:- "Register of Dental Technicians" means the Register of Dental Technicians kept under this Act;"; (d) inserting after the definition "registrar" the following definition:- "Standing Committee" means the Dental Technicians Standing Committee constituted under this Act;"; (e) adding at the end of the section the following subsection:- "(2) For the purposes of the constitution of the first Dental Technicians Standing Committee, a reference in section 16A (1) to a dental technician is a reference to a person who, in the opinion of the Minister, is a person likely to be able to satisfy the requirements of the Board in respect of his qualifications for registration under this Act as a dental technician and the chairman and deputy chairman (first appointed) of that committee shall each be a person appointed a member of that committee consequent upon this section.". 7. Repeal o f heading . The Principal Act is amended by repealing the heading appearing immediately above section 5. 8. New P art II heading etc. The Principal Act is amended by inserting immediately above section 6 the following headings:- "PART II-THE BOARD AND THE STANDING COMMITTEE Division 1-The Board". 9. Amendment of s. 7. Members of Bo ar d. Section 7 of the Principal Act is amended by, in subsection (2)- (a) in paragraph (a), omitting the word "persons" and substituting the word "dentists"; (b) in paragraph (b), omitting the words "persons registered under this Act" and substituting the word "dentists". 10. Amendment of s. 11. Mee tin gs of Board . Section 11 of the Principal Act is amended by- (a) in subsection (2), inserting after the words "convened meeting" the words "and subject to subsection (4A)"; (b) inserting after subsection (4) the following subsection:- "(4A) It is not competent to the Board to transact any business such as is referred to in section 16E (1) at a meeting of the Board

Dental Act Amendment Act 1987, No. 75 1035 in the absence of both the chairman and deputy chairman of the Standing Committee or without giving the chairman or, as the case may be, the deputy chairman an opportunity to be heard in respect of and, if he is entitled so to do, to vote on that business.". 11. N ew Division 2 of Part II. The Principal Act is amended by inserting the following heading and sections after section 16:- "Division 2-The Standing Committee 16A. Constitution of S tan ding Committee . (1) There shall be a Dental Technicians Standing Committee consisting of 7 members and of those members- (a) one shall be a member of the Board nominated by it; and (b) 6 shall be dental technicians nominated by one or more associations accepted by the Minister as representative of dental technicians. (2) The members of the Standing Committee shall be appointed by the Minister by notification published in the Gazette. (3) A nomination for the purposes of subsection (1) shall be made within the time and in the manner determined by the Minister and if not so made the Minister may appoint a person who is qualified as prescribed to be nominated. (4) A person may hold office as a member of the Standing Committee in addition to any position he holds in the Public Service of Queensland. 16B. Casual va ca ncies . On the occurrence of a vacancy in the office of a member of the Standing Committee otherwise than by the expiration of the term for which he was appointed the Minister may appoint a person to hold office for the balance of his predecessor's term of office, being a person qualified under the same paragraph of section 16A (1) as his predecessor. 16c. F unctions of Standing Committee . In addition to the functions otherwise imposed upon the Standing Committee by this Act it shall have the following functions:- (a) to make recommendations to the Board in respect of the qualifications a person must have to be registered as a dental technician; (b) to make recommendations to the Board regarding the content of by-laws made under section 35 in so far as the same relate to the Standing Committee or dental technicians; (c) to investigate alleged breaches of this Act by and complaints made against dental technicians and to make recommendations in respect thereof to the Board.".

1036 Dental Act Amendment Act 1987, No. 75 12. New ss. 16D an d 16E. The Principal Act is amended by inserting the following sections after section 16c:- "16D. Sections 8, 9, 11, 13 and 14 to apply to S tan ding Committee. (1) The provisions of sections 8, 9, 11, 13 and 14 apply, with any necessary modifications, to and in respect of the Standing Committee and the members thereof (2) For the purpose of applying sections 8, 9, 11, 13 and 14 pursuant to subsection (1)- (a) subject to paragraph (f), a reference in those sections to the Board shall be construed as a reference to the Standing Committee; (b) a reference in those sections, other than section 13, to the Governor in Council shall be construed as a reference to the Minister; (c) a reference in those sections to the president or deputy president shall be construed as a reference to the chairman or deputy chairman as the case may be; (d) section 8 shall be deemed to be amended by- (i) in subsection (1), inserting after the words "appoint members" the words "who are dental technicians"; (ii) in subsection (2), inserting before the words "to the vacant office" the words "who is a dental technician"; (e) section 11 shall be deemed to be amended by- (i) in subsection (1), omitting the words "due administration" and substituting the word "purposes"; (ii) in subsection (2), omitting the words "and subject to subsection (4A)"; (iii) omitting subsection (4A); (f) section 14 shall be deemed to be amended by omitting the words "or of any advisory committee selected by the Board". 6:. vhai at rz of Boaru :[ ,g Co: ce in circ. e-i to heard s. (1) At every meetir of de Board at w :ich such business is to 1'e considered, the chairman of the Standing Committee is entitled to be heard and, if a vote is taken, to vote on business that relates to the Standing Committee, a dental technician, an application for registration as a dental technician, the business carried on by dental technicians or the making of by-laws that affect the Standing Committee, a dental technician, applicants for registration as dental technicians or the business carried on by dental technicians. (2) For the purpose of exercising his entitlement to vote given by subsection (1), the chairman of the Standing Committee

Dental Act Amendment Act 1987, No. 75 1037 shall be deemed to be a member of the Board and that entitlement shall be subject to any by-law made under section 35 in respect of the entitlement of members of the Board to vote upon business before a meeting of the Board. (3) If at any relevant time there is a vacancy in the office of chairman of the Standing Committee or if for any reason the chairman is unable to attend a meeting of the Board at which he is entitled to be heard the deputy chairman of the Standing Committee may act in his stead. (4) The chairman of the Standing Committee or, if at the relevant time there is a vacancy in the office of chairman, the deputy chairman of the Standing Committee shall be given notice of each meeting of the Board at which it is proposed to consider any business such as is referred to in subsection (1), a copy of that part of the agenda for the meeting that relates to that business and a copy of all documents and other information that are circulated to the members of the Board and relate to that business.". 13. Repeal of heading to Part III and substitution of new headings. The Principal Act is amended by repealing the heading appearing immediately above section 17 and substituting the following headings:- "PART III-REGISTRATION Division 1-Registration of Dentists". 14. Amendment of s. 17. R egisters. Section 17 of the Principal Act is amended by, in paragraph (a) of subsection (3), omitting the word "February" and substituting the word "May". 15. Amendment of s. 19. Attendance of persons before Bo ar d. Section 19 of the Principal Act is amended by, in subsection (1), inserting after the word "registration" the words "as a dentist or a dental specialist". 16. Repeal of ss. 21 and 23. The principal Act is amended by repealing sections 21 and 23. 17. Amendment of s. 24. Annual licence fee. Section 24 of the Principal Act is amended by, in subsection (2), omitting the words "the first day of January to and including the thirty-first day of January of' and substituting the words "1 January and concluding on 30 April in". 18. R epeal of section 25. Removal of na m e from a register by request. The Principal Act is amended by repealing section 25. 19. New Division 2 of Part III. The Principal Act is amended by inserting the following heading and sections after section 26A:- "Division 2-Registration of Dental Technicians 26B. Register. (1) The Board shall cause to be kept by the registrar in such form as it thinks fit a register (to be called the

1038 Dental Act Amendment Act 1987, No. 75 Register of Dental Technicians) of the names and other prescribed particulars of persons who are entitled to be and remain registered under this Act as dental technicians. (2) The register shall at all reasonable times be open to inspection at the office of the registrar by any person on payment of the prescribed fee. (3) The Board shall cause to be published in the Gazette- (a) a copy of the register as at l May in each year certified as being correct by the registrar; and (b) a supplementary list once in each month indicating all alterations, additions, revisions and removals made in and from the register during the preceding month certified as being correct by the registrar. 26c. Qualifications for registrati on. A person shall be registered as a dental technician if he applies to the Board in the prescribed form, pays the prescribed fee and satisfies the Board that he is of good fame and character and is residing in Queensland and that- (a) he has successfully completed an apprenticeship as a dental technician pursuant to the Industry andCommerce Training Act 1979-1986; (b) he has successfully completed a course of training as a dental technician at a place outside of the State which course is, in the opinion of the Board, of a standard at least equal to the apprenticeship referred to in paragraph (a); or (c) where the application is received by the Board within the period of 3 years from the commencement of section 19 of the DentalAct Amendment Act 1987- he has within the period of 5 years immediately preceding that commencement been engaged in constructing , altering , adjusting or repairing artificial teeth, artificial dentures or other dental devices for a period of not less than 2 years and that his competence in respect thereof is at least equal to that expected to be had by a person who has successfully completed the course of training referred to in paragraph (a). 26n. Application to be referred to Standing Committee. (1) An application under section 26c shall be referred by the registrar to the Standing Committee which shall consider the same and recommend to the Board as to whether or not the applicant should be registered as a dental technician. (2) For the purpose of determining what its recommendation should be, the Standing Committee may require the attendance before it of the applicant and may request the attendance before it of any other person.

Dental Act Amendment Act 1987, No. 75 1039 (3) The Standing Committee may examine any person who attends before it pursuant to subsection (2) upon oath which may be administered by its chairman. (4) A recommendation made pursuant to subsection (1) shall be accompanied by the application to which it relates and any other relevant material. (5) The decision of the Board upon an application under section 26c shall be given after consideration by it of the recommendation of the Standing Committee with respect to the application.". 20. New ss. 26E, 26F and 26G. The Principal Act is amended by inserting the following, sections after 26D:- "26E. Annual registrati on fee. (1) Every dental technician who desires that his name remain upon the Register of Dental Technicians shall, within the period commencing on 1 January and concluding on 30 April in each year, pay to the Board a registration fee of such amount as is prescribed. (2) If a dental technician fails to pay the registration fee within the period specified in subsection (1) in any year the registrar shall thereupon remove his name from the Register of Dental Technicians. (3) If within 3 months of the removal of his name from the Register of Dental Technicians under this section the person pays to the Board the arrears payable in respect of the registration fee together with the prescribed restoration fee, the registrar shall restore his name to that register. (4) In a case to which subsection (3) does not apply, if the name of a person has been removed from the Register of Dental Technicians under this section the Board may, upon application made to it by that person and the payment to it of the prescribed restoration fee, cause his name to be restored to that register. 26F. Disciplinary action. (1) Where the Board is satisfied after inquiry under section 26G that a dental technician- (a) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland of an offence which if committed in Queensland would be an indictable offence; or (b) is incompetent in relation to his work as a dental technician or has been guilty of gross negligence in the manner in which he has performed any such work, it may, with the consent of the Standing Committee first had and obtained, by order- (c) direct that the dental technician's name be removed from the Register of Dental Technicians;

1040 Dental Act Amendment Act 1987, No. 75 or (d) suspend his registration as a dental technician for a period specified by it; or (e) order that he pay to the Board by way of penalty a sum fixed by the Board but not exceeding $1000; or (f) reprimand him. (2) The decision of the Board upon an inquiry under section 26G shall be given after consideration by it of the report, evidence and recommendation referred to in subsection (5) of that section. (3) Where the Board makes an order under subsection (1) it may order that the dental technician in question 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 by a person may be recovered from the person as a debt due and owing to the Board by action in any court of competent jurisdiction. (4) The Registrar shall secure compliance with an order of the Board under paragraph (c), (d) or (e) of subsection (1) or under subsection (3) and, to that end, when an order is made under paragraph (d) of subsection (1), shall enter in the Register of Dental Technicians against the relevant registration a memorandum of the suspension of the registration and the cause thereof. 26G. Inquiry by Standing Committee . (1) The Standing Committee may and if directed by the Board so to do shall hold an inquiry for the purposes of section 26F and for that purpose shall notify the dental technician in question of the matter of the inquiry and of the time and place when and where the inquiry is to be held. (2) An inquiry shall not be open to the public unless the Standing Committee otherwise determines or the dental technician in question otherwise requires. (3) A notification required by subsection (1) to be given shall be in writing and shall be given to the dental technician in question personally or by registered post or certified mail service. (4) In the conduct of an inquiry the Standing Committee- (a) shall afford the dental technician in question the opportunity of making defence, either in person or by his counsel or solicitor, to all allegations made against him; (b) subject to subsections (1) and (2), shall have and may exercise all the powers, authorities, rights, privileges, protection and jurisdiction of a Commission of Inquiry under The Commissions of Inquiry Acts, 1950 to 1954 save such as are by those

Dental Act Amendment Act 1987, No. 75 1041 Acts reserved to a chairman of a Commission who is a Judge of the Supreme Court. (5) The Standing Committee shall forward to the Board a report as to the inquiry made by it, a copy of all evidence taken at the inquiry and its recommendation in relation to the dental technician the subject of the inquiry.". 21. New Division 3 of Part III . The Principal Act is amended by inserting the following heading and sections after section 26G:- "Division 3-General 26H. Provisional registration . (1) When a person has applied to the Board in the prescribed form to be registered as a dentist or dental technician and has paid the prescribed fee for registration, the president of the Board, or (in the absence of the president) a member of the Board authorized generally in that behalf by the Board, upon being satisfied that such person is entitled to be registered as a dentist or, as the case may be, a dental technician may grant to him a certificate in the prescribed form of provisional registration as a dentist or, as the case may be, a dental technician. (2) A person who has been granted a certificate of provisional registration as a dentist or dental technician shall be deemed to be registered under this Act as a dentist or, as the case may be, a dental technician and this Act shall apply to and with respect to that person accordingly- (a) until the date stated in such certificate; or (b) until such later date as may be fixed by the Board, which stated date or later date, if any, fixed by the Board shall not in any case be later than 6 months from the granting of such certificate: Provided that the Board may at any time before the date so stated or fixed, cancel such certificate and such person shall thereupon cease to be deemed to be registered as a dentist or dental technician under this Act, and the cancellation shall, for the purposes of this Act, be deemed to be a refusal by the Board of the application by that person to be registered as a dentist or, as the case may, a dental technician. (3) If a person to whom a certificate of provisional registration has been granted becomes registered as a dentist or, as the case may be, a dental technician while that certificate is still in force his registration shall, unless otherwise decided by the Board, date from the granting of that certificate. 261. Certificate of registration . (1) Every dentist, dental specialist and dental technician shall be entitled to obtain from the registrar a certificate of his registration in the prescribed form.

1042 Dental Act Amendment Act 1987, No. 75 (2) On application made to the Board at any time and on payment of the prescribed fee, the Board may issue to any dentist, dental specialist or dental technician a duplicate or certified copy of his certificate of registration. 261. Removal of name from a register by request . (1) The Board may cause to be removed from a register the name of a dentist, dental specialist or dental technician who applies in writing to have his name removed therefrom. (2) Where the name of a person who is a dental specialist has been removed from the Register of Dentists under this section it shall at the same time be removed from the Register of Dental Specialists.". 22. New ss. 26K and 26L. The Principal Act is amended by inserting the following sections after section 261:- "26K. Effect of suspension . Where the registration of a dentist, dental specialist or dental technician is suspended or is deemed to be suspended under this Act such person shall during the period of suspension, be deemed to be not registered under this Act as a dentist, dental specialist or, as the case may be, dental technician. 26L. Restoration of name to register . (1) Subject to sections 24 and 26E and subsection (2), where a person's name is removed from a register pursuant to this Act, the name of that person shall not again be entered in the register from which it was removed unless the Board otherwise directs. (2) Where a person's name is removed from a register pursuant to an order of the Board and on appeal from the order pursuant to section 29 the order is negated or another order is substituted for that order the Board shall cause that person's name to again be entered in each register from which it was so removed.". 23. Amendment of s. 27. Correction of registers . Section 27 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the words "remove from the" the words "relevant register or"; (ii) omitting the words "or dental specialists" and substituting the words ", dental specialists or dental technicians"; (iii) omitting the words "and dental specialists" and substituting the words ", dental specialists and dental technicians"; (b) adding at the end of the section the following subsection:- "(3) Where the Board is satisfied that a dental technician has become mentally ill it may remove his name from the Register of Dental Technicians.".

Dental Act Amendment Act 1987, No. 75 1043 24. Amendment of s. 28. Notification of Board ' s determinations. Section 28 of the Principal Act is amended by- (a) omitting the words "or a dental specialist" and substituting the words ", a dental specialist or a dental technician"; (b) inserting after the expression "26" the words "or 26F". 25. Amendment of s. 29. Appeals. Section 29 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "or a dental specialist" in paragraph (a) and substituting the words ", a dental specialist or a dental technician"; (ii) inserting after the expression "26" in paragraph (b) the words "or 26F"; (b) adding at the end of subsection (2) the following paragraph:- "Until rules of court are made under that Act, or in so far as any rules of court so made do not extend, the Judge hearing any appeal under this section may, in a particular case, give such directions as he may think fit and the directions shall, according to their tenor, have the force and effect of rules of court made for the purposes thereof "; (c) omitting subsection (3) and substituting the following subsection:- "(3) Upon hearing an appeal referred to in subsection (1) the Judge may- (a) in respect of an appeal from a refusal referred to in paragraph (a) of that subsection, dismiss the appeal or order that the person applying for registration be registered; (b) in respect of an appeal from an order referred to in paragraph (b) of that subsection, dismiss or allow the appeal and, if he allows the appeal, may thereby negate the Board's order or substitute for that order any other order, which the Board could have duly made in the case in question including an order which could have been made by the Board only with the consent of the Standing Committee, that he considers just. Where a Judge has substituted his order for that of the Board the order shall be given effect as if it were the order of the Board.". 26. Amendm ent of s. 30 . Prohibited Practices. Section 30 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "person registered under this Act" and substituting the word "dentist";

1044 Dental Act Amendment Act 1987, No. 75 (ii) omitting the words "use or have attached to or exhibited at his place of business or residence" and substituting the words "have attached to or exhibited at his place of business or residence, or use otherwise howsoever,"; (iii) omitting the words "is registered under this Act, or"; (b) inserting after subsection (1) the following subsections:- "(1A) A person other than a dentist shall not have attached to or exhibited at his place of business or residence, or use otherwise howsoever, any word, letter, symbol or description that implies or is calculated to imply or is likely to imply that he is registered under this Act as a dentist. (1 a) A person other than a dentist or a medical practitioner shall not advertise that he is willing to practise dentistry or is skilled in the practice of dentistry."; (c) in subsection (5), omitting the words "registered under this Act" (where they twice occur) and substituting in each case the words "a dentist"; (d) in subsection (6), omitting the words "registered under this Act other than" and substituting the words "a dentist or"; (e) in subsection (8)- (i) omitting from paragraph (a) the words "person registered under this Act" and substituting the word "dentist"; (ii) omitting from paragraph (b) the words "person registered under this Act" and substituting the word "dentist"; (iii) omitting from paragraph (c) the words "person registered under this Act" (where they twice occur) and substituting in each case the word "dentist"; (iv) omitting from paragraph (d) the words "a person registered under this Act" and "such person registered under this Act or by such medical practitioner." and substituting the words "a dentist" and "such dentist or medical practitioner;" respectively; (v) adding at the end of the subsection the following paragraphs:- "(e) the use by a dental technician of the title or description of dental technician; (f) a dental technician advertising that he is willing to construct, alter, adjust or,-repair . artificial teeth, artificial dentures or. other dental devices at the direction of a dentist or medical practitioner or is skilled in the-.doing of any oLthose things if such advertising does -not'eo titute a contravention of or failure to. comply-with the by-laws made under section 35:";

Dental Act Amendment Act 1987, No. 75 1045 (f) adding at the end of the section the following subsection:- "(9) For the purpose of paragraphs (d), (e) and (f) of subsection (8) the term "dental technician" shall for the period of 6 months from the commencement of section 26 of the Dental ActAmendment Act 1987 include a person who immediately prior to that commencement was engaged in constructing, altering, adjusting or repairing artificial teeth, artificial dentures or other dental devices.". 27. Amendment of s. 34. Evidentiary provisions . Section 34 of the Principal Act is amended by, in paragraph (a), omitting the words "or a dental specialist" and substituting the words ", a dental specialist or a dental technician". 28. Amendment of s. 35. By-laws. Section 35 of the Principal Act is amended by- (a) inserting after paragraph (d) the following paragraph:- "(da) the conduct of meetings of the Standing Committee, the entitlement of members of the Standing Committee to vote upon business before a meeting, the conduct of proceedings before the Standing Committee and the affairs of the Standing Committee;"; (b) inserting after paragraph (f) the following paragraph:- "(fa) the manner and method in which a dental technician may advertise;".