Dentists Act 1894 (WA)

WESTERN AUSTRALIA

ANNO QUINQUAGESUAO OCTAVO

ITICTORTN, REGINA

No. 19

An Act to provide for the Registration of Dentists.

[Assented to 8th November, 1894.

lative Assembly of Western Australia, in this present Parliament BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legis-

assembled, and by the authority of the same, as follows :-

Short title 1. This Act may be cited as The Dentists Act, 1894,' and is

divided into parts, as follows :-

Part I.—DENTAL BOARD, ss. 3-8. Part II.—REGISTRATION, ss. 9-13. Part III.—MISCELLANEOUS, ss. 14-19.

Interpretation 2. In this Act, unless the context otherwise requires-

' Board ' shall mean the Dental Board as hereinafter con-

stituted.

Dentist ' shall mean a dentist registered under this Act.

' Minister' shall mean the responsible Minister of the Crown

for the time being administering this Act.

regTster ' shall mean the register of dentists hereinafter mentioned, and Registrar ' shall mean the registrar appointed under the provisions of this Act.

58 VICTORLE. No. 19

The Dentists Act, 1894

Rules' shall mean the rules for the time being made and

prescribed by the Board under this Act.

'Medical Practitioner' shall mean a legally qualified prac- titioner under ' The Medical Ordinance, 1869,' or any Act hereafter amending the same.

PART I

DENTAL BOARD

3. (1) For the purposes of this Act there shall be a Board, to be Dental Board

called the Dental Board,' and such Board shall consist of three

medical practitioners and (except in the first instance) three dentists.

(2) Any three members of the Board shall form a quorum, and

the Board may act notwithstanding any vacancy or vacancies, provided

that the number of the Board be not reduced to less than four.

Quorum

(3) The members of the Board shall appoint one of their number to be president, who shall be ex officio chairman of the Board.

President

Chairman

In the absence of the president, the members present at any meeting

may elect a chairman for such meeting. Each member, including the

chairman, shall have one vote, and the chairman shall, in addition to

Questions deter.

his ordinary vote, have a casting vote in the case of an equality of

mined bymajority present

votes. All questions at any meeting shall be determined by a majority

at meeting

of the votes of the members present.

(4) The members shall hold office for three years : Provided that any member elected or nominated to fill any vacancy caused by

Duration of

°Mee

death, resignation, or otherwise shall hold office so long only as his

predecessor would have done.

4. The Governor in Council may nominate the first Board, and fill any vacancy occurring in such Board. The first Board shall consist

Governor may

nominate first

Board

of three medical practitioners and three persons who appear to be

entitled to be registered under this Act.

5. At the end of the first three years, and at the end of every succeeding three years thereafter, the Board shall be elected by the

Election of

Board

medical practitioners and dentists, at such times and in such manner

as may be prescribed by rules. Any vacancy occurring after the first

three years shall be filled by election in the same manner. In default

In default of election the

of any election to fill any vacancy, or if five members be not elected at

Governor may

any election, the Governor in Council may nominate a sufficient

fill the vacancy

number to complete the Board.

6. (1) The Board may, with the approval of the Governor in Council, from time to time make and prescribe, amend, repeal, and add

Board may make

by-laws

to all such rules as to the Board may seem meet :-

(a) For fixing the time and regulating the election of

members of the Board.

(b) For the examination of persons claiming to be registered as dentists, and for determining the qualifications to be held and the evidence to be produced by any such persons.

58 VICTORI/E. No. 19 The Dentists Act, 1894

(c) For requiring and regulating the registration of all articles of apprenticeship, under which apprentices or students to dentists are now or may hereafter be serving.

(d) For regulating the meetings and proceedings of the

Board, and the conduct of their business.

(e) For generally carrying into effect the objects of this

Act.

And impose	(2) By any such rules the Board may impose and provide for the recovery of fines and penalties from any person or persons subject thereto, and prescribe a scale of fees to be charged and paid in respect of any proceeding or registration under this Act or the rules.
penalties
Not exceeding
£10	(3) All such rules as aforesaid shall, where the nature of the case permits, state some maximum fine or penalty for any neglect or breach thereof respectively, provided that no such fine or penalty shall exceed Ten pounds.
Board may

appoint an 7. The Board shall have power to appoint and pay, and to dismiss,

examiner,

an examiner or examiners, and a registrar, and such other officers as

registrar, or

other officers

the Board may deem necessary for carrying out this Act and the rules,

and all such persons shall hold office subject to the rules.

Board may sne

8. The Board may, in its own name, by its registrar or any person thereunto authorised in writing under the hand of the chairman, com- mence, carry, prosecute, and defend any action, complaint, information, or proceeding whatsoever, both civil and criminal.

PART II

REGISTRATION

Register of

dentists	9. A register shall be kept by the registrar, and shall contain the names, addresses, and descriptions of all dentists for the time being registered under this Act.
The register shall be kept in such manner and form and contain such particulars as prescribed by the rules, and shall at all times be open to inspection by any person on payment of a fee not exceeding Two shillings and sixpence.
Such alterations and amendments may be made 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 and addresses and descrip- tions from time to time of the registered dentists for the time being.
Persons entitled
to be registered	10. Every person above the age of twenty-one years, and of good character, shall be entitled to be registered as a dentist under this Act, who, having observed the rules, shall prove to the satisfaction of the Board

(a) That he is registered as a dentist in any part of the United Kingdom, in accordance with the law for the time in force therein ; or

58 VICTORLE. No. 19 The Dentists Act, 1894

(b) That he is at the passing of this Act engaged in any part of Western Australia in the practice of dentistry or dental surgery, and is duly registered within twelve months from the-passing of this Act ; or

(c) That he has been continuously engaged during a period of not less than four years as an apprentice or student to a dentist, and has passed such examinations as may be prescribed by the rules ; or

(d) That he has for a period of not less than seven years practised dentistry or dental surgery in any part of the world and holds such certificate, diploma, degree, mem- bership, license or other document, status or title as may be recognised by the Board as a sufficient qualification.

11. If any person is refused registration under this Act, the Board E registration refused may

shall, if so required, state in writing the reasons for such refusal, and appeal to such person may appeal to the Minister, who may make such order as Minister to him seems just after hearing such person and the Board.

12. The name of any dentist registered under this Act who, either n dentist guilty before or after the passing hereof, and either before or after he is so 2°,filloili,:oi„. registered, shall be convicted in any part of Her Majesty's Dominions name to be

or elsewhere of a felony or misdemeanour (not being a political offence) raegLi.""'

shall be erased from the register.

13. A copy of the register purporting to be certified as a true copy copy of register

by the registrar shall, in all courts of law, be prima facie evidence that t° be evidence

the person or persons therein specified are registered dentists, and the

absence of the name of any person from such copy shall be primci facie

.evidence that such person is not so registered.

PART III

MISCELLANEOUS

14. Any person who- Offences

(1) Wilfully makes or causes to be made any falsification in any Falsification of

matter relating to the register ; or register

(2) Knowingly presents or causes to be presented to the Board Presenting false

any forged, false, or counterfeit certificate, diploma, az;;;°01F414,,,

degree, license, or other document ; or

(3) Personates or wrongfully represents himself as being the Personation

person referred to in any such certificate, diploma,

degree, license, or other document ; or

(4) Wilfully procures or attempts to procure himself or any raise	other person to be registered under this Act by making representation
or producintt, or causing to be made or produced, any
false or fraudulent declaration, or representation either t
verbally or in writing ; or

'(5) Wilfully makes any false statement in any declaration False declaration

required by the Board under this Act, or the rules ; or

(6) Wilfully makes any false statement upon any examination False statement

by the Board as hereinafter mentioned ;

58 VICTORI/E. No. 19 The Dentists Act, 1894

shall be guilty of a misdemeanour and shall, on conviction thereof,

be liable to be imprisoned for any term not exceeding two years.

No person	15. From and after the passing of this Act, no person other than a
entitled to

practise as	registered dentist for the time being, or medical practitioner, shall
dentist unless
registered	be entitled

Nor to use name	(1) To take or use the name or title of ' Dentist ' Dental
or words imply.

big that he is

Surgeon,' or any other name, words, title, or description,

entitled to

either alone or in conjunction with any other word or

practise

words implying or tending to the belief that he is

entitled to practise dentistry or dental surgery ; or

Nor to perform	(2) To practise dentistry or dental surgery, or perform any and every person who takes or uses any such name, title, word, or description, or practises dentistry or dental surgery, or performs any dental operation or service contrary to this section, shall be liable
any dental

operation dental operation or service ;

Penally for	for each and every such offence, upon conviction, to a penalty not
breach	exceeding Twenty pounds :
Provided that this section shall not apply to any person entitled to be registered under section ten, sub-section (b), and who is duly registered within twelve months from the passing of this Act ; nor to any person who may extract teeth at any place more than ten miles from the place of business of the nearest practising dentist.
No person other	16. No person other than a registered dentist for the time being, or of law for the recovery of, or be allowed to counterclaim for, or set off, any fees or remuneration for the performance of any dental operation, service, work, or attendance.
than registered
dentist to sue	a medical practitioner shall be entitled to sue or proceed in any Court
for fees
Board may	17. The Board may require the attendance of any person who or any witness who may be produced before the Board, upon oath or affirmation ; and for any such purposes the chairman of the Board may administer any oath or affirmation.
require attend.
:Mee of any	applies for registration, and may examine or question any such person,
person
How offences	18. All offences, penalties, fines, or fees under this Act or the rules may be tried and determined, enforced and recovered, summarily, before any two or more Justices of the Peace in petty sessions. All penalties recovered under this Act or the rules shall, as to one half thereof, be paid to the Crown, and as to the other half thereof to the Board.
tried
Shortening	19. Sections A, C, F, C-, and H of The Shortening Ordinance, 1S53,' shall be incorporated with and taken to form part of this Act to all intents and purposes, and in as full and complete a manner as if the said sections had been introduced and fully set forth in this Act.
Ordinance

ALEX. C. ONSLOW,

GOVERNOR'S DEPUTY.