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 1Preliminary1Short titleThis Act may be cited as the Dental Practitioners Registration Act 2001 . 2CommencementThis Act commences on a day to be proclaimed. 3InterpretationIn 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. 4Act binds CrownThis Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. PART 2Dental Board of TasmaniaDivision 1The Board5Continuation of 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. 6Membership of Board (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 2Functions, powers and objectives7Functions of BoardThe 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. 8Powers of BoardThe 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. 9Objectives of BoardThe 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. 10DelegationThe 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. 11Dental Code (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 – (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 – is evidence, and in the absence of evidence to the contrary proof, of the matters stated. Division 3Miscellaneous12Committees (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. 13Registrar and other employees (1) The Board must appoint a Registrar and may appoint such other employees as may be necessary for the performance of its functions and the exercise of its powers. (2) The Registrar is to act as secretary to the Board. (3) The State Service Act 2000 does not apply to employees of the Board. 14Use 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. 15Protection from liabilityA person who is an employee of the Board or a member of a committee does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act. Division 4Finance and reports16Funds of Board (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. 17Audit (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. 18AccountsThe Board must keep proper accounts and records of its financial affairs and, not later than 31 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. 19Annual report (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 30 November after the end of the financial year to which it relates. PART 3RegistrationDivision 1Applying for registration20Who 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. 21Conditional registration for teaching or research purposesA 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. 22Application requirements (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 2Determination of entitlement23Entitlement 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. 24Interim registration (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. 25Inquiry into entitlement (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. 26Recommendation 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 3Grant or refusal of registration27Determination 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. 28Special grounds for refusing to grant registrationWithout 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. 29Review 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. 30Certificates 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.
31Offences in relation to certificates of registrationA 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 4Register of practitioners32Registers (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.
33Correction of registers (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. 34Inspection of registers (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. 35Publication of registers (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. 36Protection of private informationNotwithstanding 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. 37Annual registration fees (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. 38Removal from register (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. 39Deregistered person must surrender certificateA 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.
40Restoring 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. 41Evidentiary provision (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 4DisciplineDivision 1Complaints42Making 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. 43Specific 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. 44Complaints procedure (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 2Dealing with complaintsSubdivision 1Health Complaints Act45Division is subject to Health Complaints ActThis Division has effect subject to Part 7 of the Health Complaints Act 1995 . Subdivision 2Preliminary investigations46Preliminary 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. 47Board 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. 48Action to be taken following preliminary investigationAfter 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 3Dismissals and informal disciplinary proceedings49Recommendations 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. 50Dealing 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 4Formal disciplinary proceedings51Dealing 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. 52Conduct 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. 53Actions 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. 54Costs 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 . 55Notice of decision (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 3Suspension56Suspension 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. 57Revocation of suspensionIf 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 4Miscellaneous58Evidence of facts found in other proceedingsA 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. 59Inspections (1) If the Board reasonably suspects that – (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 – it may, in writing, authorise a person to act as an inspector. (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 5Appeals60Right of appeal (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. 61Hearing of appeals (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 6OffencesDivision 1Public and professional safeguards62False claims (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.
63Unauthorised 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. 64Unregistered 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. 65Improper 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 2General offences66Failure 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.
67Offences of dishonesty (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.
68Obstruction, &c.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.
69Offences 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 . 70Failure 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. Penalty: In the case of –
(a) a body corporate – a fine not exceeding 50 penalty units; or (b) an individual – a fine not exceeding 25 penalty units. (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. Penalty: In the case of –
(a) a body corporate – a fine not exceeding 50 penalty units; or (b) an individual – a fine not exceeding 25 penalty units. PART 7MiscellaneousDivision 1Dual, multiple and specialist registration71Dual 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;