Dental Act of 1902 (2 Edw VII No. 25) (Qld)

8254 DENTISTS. Denfal Ad. 2 EDw. VII. No. 25, DENTISTS. 2 N Ed o. . 2 V 5 I . I. An Act to Provide for the Registration of Dentists, THE DENTAL ACT qualified to Practice in Queensland. OF 1902. J [ASSENTED TO 2th'H DECEMBER, 1902. B E it enacted by the King's Most Excellent Majesty,. - by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and' by the authority of the same,. as follows :- cmSohemonmrtteotinftclAee- acnt.d 1902 1 ," . aTnhdisshAacllt cmoamymbeencceiteadndatsak " e T e h ff e ec I t Je o n n ta a l nd Ac fr t o o m f the first day of ,January, one thousand nine hundred and three. 11lterpreta- tion. 2. In this Act, unless the context otherwise indi- cates, the following terms have the meanings set against them respectively, that is to say,- Board. " Board"-The Dental Board constituted under this By-laws. Act; "By-Iaws"-By-Iaws made under this Act; Dentist. "Dentist"-A person registered as a dentist under this Act; Dentistry. "Dentistry"-The extracting and stopping and other treatment of natural teeth, and the fitting and adjustment of artificial teeth: Provided that a person who practises, or who prior to the commencement of this Act has practised as an extractor of teeth only shall not be deemed to be or to have been engaged in. the practice of dentistry; Medical practitioner. "Medical Practitioner"-A medical practitioner duly registered under the laws in force for the time being relating to medical practitioners; Minister. " Minister"-The Home Secretarv or other Minister of the Crown for the time being charged with the administration of this A.ct; " Prescribed "-Prescribed by this Act or by the By-laws; President. " President "-The President of the Board; the term whenever necessary includes the Deputy President; Recognised certificate. "Recognised Certificate"-A certificate, diploma, membership, degree, license, letters testimonial, or other title, status, or document, which has

DENTISTS. 8~ 1i 1902. Dental Act. been granted by some university, college, or other public institution, in His Majesty's Dominions or in a foreign country, and which is recognised by the Board in pursuance of the By-laws as entitling the holder thereof to practise dentistry in the country in question and as furnishing a sufficient guarantee of the possession of the requisite knowledge and skill for the efficient practice of dentistry; "Register"-The register of dentists hereinafter Register. mentioned; "Registrar"-The registrar appointed under this Registrar. Act. 3. For the effectual execution of this Act there shall Constitution be a Board, consisting of seven persons, which shall be ~o! !~ ~ tal called· "The· Dental Board," and shall be constituted in manner following, namely :- (1.) The first members of the Board shall be appointed First Board. by the Governor in Council as soon as may be after the " commencement of this Act, and shall remain in office until the first day of March, one thousand nine hundred and four, when they shall all go out of office. Two at the least of such members shall be medical practitioners, and the other members shall be persons who appear to be qualified to be registered as dentists under this Act. (2.) Thereafter the following provisions shall have Appoint~ ent effect, that is to say :_ and election. (i.) Four of the members of the Board, not less than two of whom shall be medical practitioners, and the remainder of whom shall be dentists, shall be appointed by the Governor in Council, and shall remain in office for a period of six years: Provided that upon the appointment of such members on or before the first day of March, one thousand niue hundred and four, the Governor in Council shall declare that two of them named in that behalf shall go out of office on the first dav of March, one thousand nine hundred and seven. " On the first day of March, one thousand nine hundred and seven, the said two members shall go out of office, and thereafter on the first day of March in every third year two appointed members shall go out of office, and the members who shall so go out sball be the two aI)pointed members who have been in office for six years.

8256 DENTISTS. Dental Ad. 2 Enw. VII. No. 25, On or before the first day of March, one thousand nine hundred and seven, and thereafter, on or before the first day of March in every third year, the Governor in Council shall appoint two fit and proper persons to be members of the Board. Neither of the two appointed members who are then ahout to go out of office shall be eligible to be re-appointed to be a member until the expiration of three veal'S from the date when he went out ofoffice. • Hut nothing herein' contained shall prevent him from being eligible to be at any time elected to be a member under the provisions next hereinafter mentioned. (ii.) Three of the members nf the Board, all or any of whom may be medical practitioners or dentists, shall be elected by the dentists of Queensland in manner prescribed, and shall remain in office for a period of three years: Provided that the first election of memhers shall be held as soon as may he after the publication in the Gazette of the register ill the year one thousand nine hundred and four, and such elected members shall go out of office on the first day of March, one thousand nine hundred and seven. An election of members shall be held on such day in the month of February in every third year after the fir~ t election as the Board may by resolution appoint, and all the elected members then in office shall go out of office on the first day of March next following the date of election. But nothing herein contained shall prevent them from being eligible to be re-elected to be members at that or at any future election. !c~ [! ~ nary (3.) Any extraordinary vacancy which at any time occurs in the office of member by removal, death, resigna- tion, or otherwise shall be filled as soon as may be by the appointment OL' election, as the case may be, of another member; but any member appointed or elect,ed to fill any vacancy shall be deemed to hold the office of his predecessor, and shall hold office so long only as his predecessor would have done had no such vacancy occurred. PresidenL (4.) At its first meeting held in the month of March in every year, or at some adjournment thereof, the members present shall elect a member to be the President of the Board. Date of (5.) The names of the first members of the Board o co f n B s o ti a t r u d t . ion and the President shall be published in the Oazette, and thereupon the Board shall be deemed to be duly constituted under this Act.

DENTISTS. 8257 1902. Pental Act. 4. 'fhe President shall be the executive officer of the Executive Board. officer. Every appointment, and every order, notice, certificate, or other document of the Board relating to the execution of this Act or the By-laws Rhall be sufficiently authenticated if signed 1y the President or any two members of the Board. 5. (1.) 'fhe Board shall hold its ordinary meetings at Meetings. such times as are appointed by By-law in that behalf. Special meetings may be summoned at any time by the President, and shall be so summoned by him upon receipt of a requisition in writing signed by any two members. (2.) No business shall be transacted at any meeting of the Board unless at least three of the members are present when such business is transacted. (3.) The President shall preside at all meetings at which he is present. In the absence of the President the members present shall elect from their number a chairman for the day. The President, or in his absence the chairman for the day, shaH have a vote, and, when there is an equal division of votes upon any question, shall have a second or casting vote. (4.) All powers vested in the Board may be exercised by the majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting. At all mectings, save as herein otherwise provided, all memhers present shall vote. If a member refuses to vote, his vote shall be counted for the neg:1tivc. (5.) No member shall vote or take part in any debat.e with respect to any matter in which he has directly or indirectly, by himself or his partners, any pecuniary interest. (6.) 'fhe members present at a meeting may, from time to time, adjourn the meeting. If a quorum is not present within half-an-hour after the time appointed for a meeting, the members present, or the majority of them, or anyone member, if only one is present, or the registrar, if no member is present, may adjourn such meeting- to any time not later than seven days from the date of such adjournment: Provided that nothing herein contained shall be con- strued to prevent the adjournment of any meeting to a

8258 DENTISTS. Dental Act. 2 EDw. VII. No. 25, later hour of the same day on which such meeting was appointed to be held. (7.) All notices of any meeting, or adjourned meeting (other than of a meeting adjourned to a later hour of the same da~ on which such meeting was appointed to be held), shall be in writing, and shall be delivered, or sent by post or other\\'ise, to the address of each of the members previous to the meeting. Every such notice shall specify the time of meeting, and, in case of a special meeting, shall specify the object thereof. No business shall be transacted at any special meeting except such as is stated in the notice thereof. Proceedings validate.d. 6. If any member refuses or neglects to act or to attend any duly convened meeting of the Board, all lawful acts and proceedings of the Board shall be as valid and effectual as· if they had been done or authorised by the full Board. No proceedings of the Board, or of any person acting as President, shall be invalidated by reasun of any defect in any appointment or election, or by reason of there being any vacancy in the number of members at the time of such proceedings, provided that the number of members is not reduced below three. Board may appoint registrar, examiner, and other officers. 7. The Board may from time to time appoint a registrar and such examiners and other officers as the Board thinks necessary for giving effect to this Act and the By-laws, and may pay to such officers such salary and allowances as the Board thinks fit. All such persons shall bold office during the pleasure of the Board. Nothing' in this Act contained shall be construed to prevent the Board from appointing one or more of its members to be an examiner or examiners, or from paying to him or them such fees in that behalf as may be pre- scribed. Person 8. }Jvery person, whether male or female, shall be ebnetrietlgeidstteored. ent 1 'tled t 0 be regI.St ered under thI' S Act upon makm' g application in that behalf in the prescribed form, and upon proving to the satisfaction of the Board that such person- (i.) Has attained the age of twenty-one years, and is a person of good fame and character; and

DENTISTS. 8259 1902. Dental Act. (ii.) Is registered in the United Kingdom in accord- ance with the laws for the time being in fOI'ce therein as a dentist or medical practitioner, and is still entitled to practise his profession in that country; or (iii.) Has previous to the commencement of this Act been for a period of at least two years bona .fide engaged in Queensland in the prac- tice of dentistry, either separately or in con- junction with the practice of medicine,surgery, or pharmacy, as a duly qualified medical prac- titioner or as a duly registered pharmaceutical chemist; or (iv.) Has obtained the prescribed certificate of fitness after the prescribed examination; or (v.) Has before the commencement of this Act, begun a course of study in dentistry as a pupil or apprentice of a person or persons who would, if this Act had been passed, have been entitled to be registered thereunder, and has since .continuously pursued such course of study during a period of at least three years as a pupil or apprentice of such person or persons or of a dentist or dentists registered under this Act; or (vi.) Holds a recognised certificate : Provided that no application for registration in pursuance of subsection (iii.) hereof shall be received after the first day of January, one thousand nine hundred and four: Provided further that no application for registration in pursuance of subsection Cv.) hereof shall be received after the first day of January, one thousa.nd nine hundred and seven: Provided further that the Minister may dispense with such of the certificates, examinations, or other conditions for registration required by this Act or the By-laws 3S to him may seem just in favour of any person who has commenced his apprenticeship or professional education in dentistry or has been engaged in the practice of dentistry in Queensland or elsewhere before the commencement of this Act. 9. (1.) The Board may require the attendance of Boat;! may any person who appli~ s for registr~ tion, and of any other = ~ ~ ' d: nce of person, and may exanllne or questIOn any such persons or any person.

8260 DENTISTS. Dtmtal Act. 2 EDW. VII. No. 25. any witnesses who may attend before the Board, upon oath, affirmation, or otherwise, and for any such purposes the chairman may administer an oath or affirmation. (2.) Every summons issued by the Board requiring the attendance of any person or the production of any documents, and signed by the registrar, shall have the same effect as a subprena issued by the Supreme Court in a civil action; and the obedience thereto or non- observance thereof may be enforced and punished by a .Judge of the said Court sitting in chambers in the same manner as in the case 0 f the disobedience or non-observance of a subprena iEsued by the said Court. coAefprrpteaefiaunlscianalsoesf denti 1 st 0 , . t I h f ethBeoBarodardshraelflu, siefs rteoqureirgeisdtebr yanhyimp, erssotanteas in a registration. writing the reason for such refusal; and such person may thereupon appeal to the Minister, and the Minister may, after hearing sucb person and the Board, dismiss the appeal or order the Board to register such person. Examinations 11. (1.) The Board shall from time to time hold examinations of persons desirous of qualifying· themselves to be registered as dentists, and shall ~ rant certificates of fitness to persons who have passed all the examinations :and fulfilled all the conditions prescribed. (2.) No person shall be admitted to the final qualifying examination unlf'ss he has attained the age of twenty-one years and has fulfilled all the conditions prescribed. EXILm.inati.on (3.) The Board, instead of requiring any person to & by0.uOlverslty' pass an examm • all • on I • n a 11 t,he prescrl' bed sub ~ ' ec t s, may accept in substitution for the whole or any part thereof a certificate of examination in any subject or subjects granted by any university established within the Common- wealth of Australia, or any college of pharmacy, or school of mines, or other public educational institution now or hereaft.er to be established in Queensland. Such certificate of examination shall have the like foree and effect as if such examination had been held by the Board. RElgister to 12. (1.) A register shall be kept by the registrar, and btheekreepgt. isbtryar. shall contain the names, addresses, and qualifications of all dentists registered under this Act and the respective dates on which they were so registered. (2.) The register shall at all times be open to inspec- tion by any person on payment of the prescribed fee.

DENTISTS. '8261 ,1902. Dental Act. (3.) As soon as may be after registration the registrar shall cause particulars as aforesaid of the registration of every dent!st to be published in the Gazette. (4.) Every dentist shall be entitled to obtain from the registrar a certificate of his registration in the prescribed form. 13. Every dentist who obtains any higher degree, Register may diploma, or status, or any qualification other than the ~ : s: ; ~ e~ : ~ ~r qualification in respect of which he is registered, shall be additional ent I 'tled t ,0 have suchIl'lgher degree, dI' p1oma, st a t us, or qualifications. additional qualification inserted in the register on payment of the prescribed fee. 14. A copy of the register shall, in the month of cOJ:lY of' January in each year, be published by thp Board in the ~~gt;!~~i!~ed •. Gazette. A copy of the register, purporting to be cert.ified as a true copy by the registrar, shall in all proceedings whatso- ever be prima facie evidence that the persons therein named are dentists and possess the qualifications therein mentioned; and the absence of the name or the qualifica- tion of any person from sucb copy shall be prima facie evidence that such person is not registered or qualified. 15. n.) The Board shall from time to time erase any Certain entries entry in the register which is proved to the satisfaction of to be erased. the Board to have been fraudulently or incorrectly made. (2,) Every dentist on changing his place of business shall forthwith give notice of the fact by post to the registrar. Every district registrar of deaths in Queensland on registering the death of any dentist shall forthwith transmit notice thereof to the registrar. (3.) The registrar shall from time to time erase the names of all dentists who have died, and shall make such alterations and amendn1f'nts in the register as the Board may from time to time direct, for the purpose of making the same an accurate record of the names, addresses, and qualifications of the dentists for the time being. For the purposes aforesaid he may post a notice to any dentist, addressed to him according to his address on the register, inquiring whether he has changed his address or residence; and if no answer is returned to such notice within six months after the posting thereof, the registrar shall erase the name of such person from the register. (4.) Any name erased from the register under this. section may be restored by the Board. c

'8262 DENTISTS. Dental Act. 2 EDw. VII. No. 25, Names of 16. (1.) The name of any person registered under d g e u n il t t i y stsolf this Act who, after he is registered, certain offences or ofinfamous conduct to be erased. (i.) Is convicted in any part of His Majesty's Dominions or elsewhere of any indictable . offence, or of any other offence which, in the opinion of the Board, renders him unfit to practise; or (ii.) Is, after due inquiry, adjudged by the Board to have been guilty of' infamous conduct in a pro:.. fessional respect, shall be erased from the register: Provided that in the case of a charge of infamous conduct as aforesaid the Board in making the due inquiry shall, if so required by the person charged, sit as an open court, and the person charged shall be afforded an opportu- nity of defence either in person or by counsel, and shall, if he does not exercise his right of appeal to the Minister, have the right of appeal to the Supreme Court, and such appeal shall be in the nature of a rehearing. The expression "infamous conduct in a professional respect" does not include any conduct which either from its trivial nature or from the surrounding circumstances does not in the public interest disqualify a person for practising dentistry. (2.) Any name erased from the register under this section may be restored by the Board. Appeal in 17. If the Board causes the name of any person to be £ c f a O s I e D of r e eg ~ a u t ; s · u e r r. e ereraqsueI • drefdrobm y tshuechregpiesrtseornu, nsdt aetret' hIins wArcl ' t t , m ' thge tBhoearrdeasshoanll, fi o if r such erasure; and such person may, unless he has appealed to the Supreme Court under the provisions of' subsection (l.) of the last preceding section, appeal to the Minister, who may, after hearing such person and the Board, dismiss thE>. appeal, or order the Board to restore the name to the register, and such order shall be final and conclusive, and . shall be obeyed. Right of appeal. 18. Any appeal to the Supreme Court under this Act shall be brought and the proceedings I'Ihall be had in such manner as may be prescribed by Rules of Court. The appeal shall be heard and determined by a single Judge. An appeal shall lie to the Full Court from any decision of a Judge upon a point of law.

DENTISTS. 8263 1902. Denial Act. 19. Every dentist and every medical practitioner shall Pri~ ileges of be entitled to practise dentistry in any part of Queensland, ; ~ ~ ~ ~ : ; ~ d and to sue in any Oourt of competent jurisdiction for the recovery of his fees or other remuneration for professional services in dentistry, or in the pf'rformance of any dental operation, or for any dental attendance or advice. 20. From and afteI' the first day of .January, one Unregi8tel'ed thous , and nine hundred and four , no person other than a a p s e s r u so m n e n t ~ it t le to medical practitioner or other than a person registered of dentist, &c. under this Act, and no company (other than a company carrying on the business of pharmaceutical chemists and duly registered before the first day of January, one thousand nine hundred and two, under " The Oompanies .Act 1863 "*) or association, other than an association consisting wholly of registered dentists, shall take or use or by inference adopt the name, title, word, letters, addition, or description of dentist, or dental practitioner, or dental surgeon, or surgeon dentist, or use or have attached to or exhibited at his or its place of business or residence, either a.lone or in combination with any other word or words or letters, the words "dental company" or " dental institute" or "dental hospital" or "dental college" or "college or school of dentistry" or " mechanical dentist," or any name, title, word, letters, addition, or description implying or tending to the belief that he or such company or association is registered u.nder this Act, or is qualified to practise dentistry, or is carrying on the practice of dentistry, or is entitled to or to use such name, title, word, letters, addition, or description. Any person, company, or association guilty of a con- travention of this section shall be liable to a penalty not exceeding twenty ponnds, and to a further penalty not exceeding five pounds for every day during which such contravention is continued after conviction. 21. From and after the first day of ,January, one Disab!lities of thousand nine hundred and four, no person other than a ~ : :o~ :~ ered medical practitioner or a dentist shall be entitled to recover any fee or charge for the performance of any dental operation, or for any dental attendance or advice, or shall hold any appointment as a dentist or dental practitioner or dental surgeon in any hospital, infirmary, dispensary, or lying-in hospital, or in any lunatic asylum, gaol. penitentiary, or other public institution: '" 27 Vie. No. 4, supra, page 144.

DENTISTS. Dental Act. 2 Enw. VII. No. 25, Provided that a person who practises as an extractor of teeth only shall not be deemed to be performing dental operations within the meaning of this section. Apprentices 22. Every dentist who has an apprentice or pupil t p o t'r b m e itted to shall permit such apprentice or pupil a reasonable time for conform to the purpose of attending any lectures or gaining any prac- By-laws. tice which may be prescribed as part of the course of study of persons uesirous of being registered as dentists. The provisions of this section shall be deemed to be included in all contracts or articles of apprenticeship or pupilage, and any failure or refusal to conform therewith sh'all be a breach of such contract or articles. Board may sue. 23. (1.) The Board may, in its own name, by its registrar, or any person thereunto authorised in writing . under the hand of the President, institute, carry on, prosecute, and defend any action, complaint, information, or proceeding whatsoever. Every court of law shall take judicial notice of the signature of the President to any such authorisation. (2.) In any proceeding by or on behalf of the Board it shall not be necessary to prove the appointment or election of the members, President, or registrar. Recov~ ry of 24. All penalties for offences against this Act or the penaltIes, &C. By-laws, and all fees payable, may be recovered by complaint by or on behalf of the Board before any two justices. All penalties and fees recovered by the Board under this Act or the By-laws shall be paid to the Board. Application 25. (1.) The funds of the Board shall be applied by of fund~ . it towards the payment of all expenses necessarily incurred in carrying this Act into execution, and in doing and performing any acts and things which the Board is by this Act or the By-laws empowered or required to do or , perform. : (2.) The Board may payout of its funds any sum due under an agreement lawfully made for the purposes of this Act, and any sum recovered against the Board by process of law. Board may make By-laws. Elections. 26. (1.) The Board, with the approval of the Governor in Council, may from time to time make By- laws for all or any of the following purposes, namely ;- Ci.) Regulating the mode of the election of the elected members of the Board;

1902. DENTIS'!'S. DCl/tal A.ct. 8265 (ii.) Regulating the meetings and proceedings of Meetings, &0'. the Board and the conduct of the business thereof; the election of a memher to perform the duties of the President and act as Deputy President during the illness or absence of the President; (Hi.) Prescribing the duties of the registrar and Officers. other officers of the Board; (iv.) Regulating the manner of keeping and the form Register. of the 'register ; (v.) Prescribing forms to be used for the purposes of Forms. this ~ ct or the By-laws; (vi.) Determining the evidence to be produced and .Applications conditions to be fulfilled by any person apply- ; : n~ glstra­ ing for registration under this Act; (vii. ) Prescribing the course of study,. professional Course of .' practice, conditions of sel'vice, and training study, & c; ~ . and examination of persons desirous of obtain- ing certificates of' fitness entitling them to be registered as dentists; prescribing the fees 't·, payable to examiners; (viii.) Regulating the granting of certificates of fitness, Certificates. and prescribing the form thereof; . (ix.) Prescribing what certificates of examinations Oertific~ tes will be recognised by the Board as a substitute ferxuemmptmg for the examinations of'the Board; examination. (x.) l>rescribing what certificates,diplomas, member- Roo?gnised" ShIp· S, degrees, ll' Censes, 1et t el'S test . Imo . nia1, or certificates. other titles, status, or documents, will be recog- nised by the Board as qualifying persons holding them or any of them to be registered as dentists; (xi.) Prescribing a scale of fees to be charged and }!'ees. paid in respect of any application, examination, registration, certificate~ inspection, or other proceeding, act, or thing provided or requireij under this Act or the By-laws; . (xii.) Requiring and regulating the registration in the AI! prentice~ . " , . · office of the registrar of all contracts and Ship." articles of apprenticeship or pupilage under whi~ h apprentices or pupils in dentistry are servl11g; ( x~ ii. ) Regulating the conduct of proceedings in con- Complaint.. nection with complaints or charges against dentists alleged to be guilty of infamous con- duct in a professional respect; "

8266 DENTISTS-FIRE BRIGADES. Fire Brigade, A.ct A.mendmer/t A.ct. 2 EDw. VII. No. 21. Generally. (xiv.) Generally for carrying int9 effect the objects of this Act. (2.) A By-law may impose a penalty for any breach thereof, and may also impose different penalties in case of successive breaches. But no such penalty shall exceed twenty pounds. (3.) All such By-laws upon being so approved shall be published in the Gazette, and shall thereupon have the same effect as if they were a part of this Act. The pro- duction of a copy of the Gazette containing a notification of the approval thereof by the Governor in Council shall, in all proceedings, be sufficient evidence of such By-laws. FIRE BRIGADES. , 2 ENdow. . 2V1. U. An Aot 'to Extend the Opera.tion of the Fire THE FIRE Brigades Aots. BBIGADBS AOT AKBNDMBNT ACT OF 1902. [AsSENTED TO 26TH DECEMBER, 1902.] B E it enacted by t.he King's Most. Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- a Sc . o n hn d osrttruticttlieon. Amen 1 d . m T e h n is t A A c c t t o m f ay19b0e2,c"itaenddassh" al T l h b e e r F e i a r d e a B n r d ig c a o d n e s s tr A ue o d t with. and as an amendment of " 'l.'ke l?ire Brigades Aot of 1881,"* hereinafter called the Principal Act, and" The Fire Brigades Act Amendment Act of 1882,"t and those Acts and this Act may together be cited as " The Fire Brigades Aots, 1881 to 1902." Eth:ze;tAencstiso.n of as de 2 fi . ne C s L t ) heSOtemrmuch"Tofowsenc" tioins thweoreboyf trheepeParleindc, iapnald Athcet following definitions are added to the said section :- Local Authorities Act. "Local Authorities Act"-The laws in force for the time being relating to the constitution and powers of Local Authorities; Local Authority. "Local Authority"- A Local Authority, whether the Council of a Municipality or the Board of a Division or the Council of a City or Town or Shire, constituted under the Lo,cal Autliorities Act; • 45 Vie. No. 10, supra, page '156. t 46 Vie. No. 9, 8U'P'I'a, page '160.