Dentists Act 1912 (NSW)

Act No. 26, 1912.

An Act to consolidate the Statutes providing for the Registration of Dentists qualified to practise in New South Wales. [2(Wi November, 1912.]

(2) Any board or president thereof appointed under the Acts hereby repealed and holding office at the time of the passing of this Act shall remain in office as if this Act had been in force at the time it or he was appointed and it or he had been appointed hereunder, and this Act shall apply to it or him aecordinglv. (3)

Assembly of New South Wales in Parliament assembled, and by the the advice and consent of the Legislative Council and Legislative authority of the same, as follows :— BE it enacted by the King's Most Excellent Majesty, by and with

1 . This Act may be cited as the "Dentists Act, 1912."

2 . (1) The Acts mentioned in Schedule A to this Act are,

hereby repealed.

(3) All persons registered as dent is ts u n d e r any A c t hereby

repealed, and be ing so registered a t the t ime of the pass ing of this

Act , shal l be deemed to be regis tered under this Act .

(4) The regis trar and o ther officers hold ing office a t t he

c o m m e n c e m e n t of this A c t shall con t inue to bold office, b u t a t t he

p leasure of t he Governor, and subjec t to the provisions of t he Pub l i c

Service Act , 1902, and any Acts a m e n d i n g t h a t Ac t .

(5) All regula t ions made unde r t he au thor i ty of any A c t

hereby repealed, and be ing in force at t he t ime of t h e pass ing of th is Act , shall be deemed to have been made under t h e au tho r i t y of

this Ac t .

3 .     I n t he construct ion of this Act , unless the con tex t o therwise

indicates , t he following te rms shall have the respective meanings

hereby assigned to them, tha t is to s a y : —

" D e n t a l b o a r d " or " b o a r d " — T h e denta l board appoin ted or

ho ld ing office under the provisions of th is Act.

" D e n t i s t " — A person registered, or deemed to be regis tered, as

a dent is t unde r this Act .

" Prescr ibed "—Presc r ibed by this Ac t or by any regu la t ion made ,

or deemed to have been made, he reunder .

4 .     (1) The denta l board shall consist of e ight member s .

Two of such members shal l be duly qualified medical pract i ­ t ioners , a n d four shall be dentis ts . Such members shall be appoin ted

by the G o v e r n o r ; and the Governor shal l appoin t one of such m e m b e r s

to be pres ident of the hoard.	Such appo in tmen t shall be for a t e r m of
th ree	years .

The bead of t he faculty of dent is t ry in the Univers i ty of Sydney and the pres ident of the Un i t ed Denta l Hospi ta l of Sydney shal l , ex officio, be t he two other member s of the board.

(2) A n y vacancy in the appointed member s shall be tilled
by the a p p o i n t m e n t by t he Governor of a duly qualified medical

pract i t ioner , or of a dent is t , as t he case may b e ; and the person so

appoin ted shall hold office for t he residue of t h e t e r m for which his predecessor was appointed . (3) Each m e m b e r of the board shall be paid a fee of one

gu inea for each mee t ing of the board which be a t tends , provided t h a t the fees paid to any m e m b e r du r ing any year shall no t exceed twen ty -

live guineas .

5 . The Governor may from t ime to t ime appoin t a regis trar
and such other officers as he may th ink fit for t he purposes of this Act .

6 .     (1) The regis t rar shal l en te r in a register , in t he pi-escribed

m a n n e r and on p a y m e n t of t h e prescribed fee, t he full names and

addresses, date , and description of qualifications for which reg i s t ra t ion

is g ran ted , and all o ther prescribed par t i cu la rs of all dent is ts , and shall t r ansmi t in t he m o n t h of J a n u a r y in each year a certified copy of such

regis ter

register to the Colonial Secretary, who shall cause the same the reupon to he published in t he Gazet te ; a copy of such Gazet te shall he evidence, in all legal proceedings, tha t the persons ment ioned there in are regis tered according to the provisions of th i s Act , and the omission of any n a m e theref rom shal l he p r ima facie evidence t ha t such person is no t so regis tered.

(2) A copy of t h e register kep t in pursuance of this Act , signed by the president of t he dental hoard, shall, in any proceedings u n d e r this Act , he evidence t h a t t he persons whose names are there in contained and no others were, u p to and inc luding the t ime when the said copy of the regis ter was so signed, legally qualified dent is ts .

7 . The hoard shall cause to he removed from the regis ter the

names of deceased dent i s t s .

8 .     The hoard may refuse to register as a dent is t or may remove

from the register any person w h o —

(a)	has been convicted of any felony or misdemeanour, or of any offence which, if commi t t ed wi thin this S ta te , would he a
felony or m i s d e m e a n o u r ; or
(b)	has been guilty of infamous conduct in any professional r e s p e c t :

Provided that in the case of a cha rge of infamous conduct as aforesaid, the hoard shall m a k e due inqui ry , s i t t ing as an open cour t , and the person charged shall he afforded an oppor tun i ty of defence, c i ther in person or by counsel , and shall have the r igh t of appeal to the Supreme Court , and such appeal shall be in the n a t u r e of a r e h e a r i n g :

Provided fur ther t h a t any such person shal l not he refused regis t ra t ion nor have his n a m e removed from the regis ter on account

of a conviction for an offence which , t h o u g h wi th in the provisions of th is section, does not, e i ther from t h e t r iv ia l n a t u r e of the offence, or Prom t h e c i rcumstances under which it was commit ted , disqualify a person for p rac t i s ing dent i s t ry , nor un t i l he has been called on to

expla in any objection raised aga ins t h im.

9 . W h e r e the board directs the removal from the register of the n a m e of any person, the n a m e of t h a t person shal l not be again entered on the register , except by direct ion of t h e board, or by order of a cour t of competen t jur isdic t ion. The hoard may, if it t h inks fit in any case, direct the regis t rar to restore to t he register any n a m e removed therefrom wi thout fee, or on p a y m e n t of such fee, no t exceeding the registrat ion fee, as the board may from t ime to t ime direct , and the regis t rar shal l restore t h e same accordingly.

1 0 .     Any person w h o —

(a)	holds some recognised certificate as hereinafter defined, and who proves to the satisfaction of t he board tha t he is of good
c h a r a c t e r ; or (b)

(b)	has attained the age of twenty-one years and has been engaged dur ing a period of not less t h a n four years in t he acqui re ­ m e n t of professional knowledge in dent is t ry , and has passed an examina t ion before the board according to t h e prescribed
r egu la t ions ; or
(c)	has attained the age of twenty-one years, and has been a pupi l or appren t ice for a period of not less t h a n two years to a den ta l pract i t ioner ent i t led to be registered unde r th i s A c t : Provided t h a t such pupi lage or appren t icesh ip has been commenced a t least six mon ths before the fifth day of November , one thousand nine hundred , and has expired before he shall be ent i t led to be so registered ; or
(d)	has obtained a diploma or degree in dent is t ry from a univers i ty
in Austra l ia ,

shall be ent i t led to be registered as a dent is t under this Act .

1 1 .     Any person who has practised dent is t ry for not less t han

twelve m o n t h s elsewhere than in New South Wales , and who holds some recognised certificate as hereinaf ter defined, and who proves to the satisfaction of the board t h a t he is of good character , shall be ent i t led, upon the paymen t of the prescribed regis t ra t ion fees and wi thout examinat ion , to he registered as a dent is t under this Act.
The term " recognised certificate " means a certificate, diploma, membersh ip , degree, license, let ters , tes t imonial , or o ther t i t le , s ta tus , or documen t g ran ted by some universi ty, college or o ther publ ic ins t i tu t ion in a Brit ish possession or foreign count ry , and which is recognised by the; board as en t i t l ing t he holder thereof to pract ise dent is t ry in such possession or count ry , and as fu rn i sh ing sufficient guaran tee of the possession of the requis i te knowledge and skill for

the efficient pract ice of dent is t ry .

1 2 .     No person other t h a n a duly qualified medical prac t i t ioner

shall be ent i t led	to t ake or use the, name or title; of " d e n t i s t , "	or of
" d e n t a l

p r a c t i t i o n e r " or of " d e n t a l surgeon ," or any n a m e , init ials,

t i t le, addit ion, or description, imp ly ing tha t he is registered under

this Act , unless be is registered, or deemed to be registered hereunder . A n d any person who, not being a duly qualified medical pract i t ioner or a dent is t so registered, or deemed to be registered, takes or uses any such name , initials, t i t le, addit ion, or description as aforesaid shall be liable on conviction to a pena l ty not exceeding twenty pounds.

1 3 .     The Governor , on t he recommendat ion of the board, may

make regula t ions for ca r ry ing out t he provisions of this Act, and in

par t icular for—

(a) r egu la t ing the proceedings and fixing the q u o r u m of the

b o a r d ;

(b) r egu la t ing the duties of officers unde r this A c t ;

(e)

(c)	prescribing what certificates, licenses, diplomas, degrees, membersh ip , or o ther t i t les or s ta tus , and wha t let ters , tes t imonials , or documents will be recognised by the hoard
unde r section e l e v e n ;

(d) r egu la t i ng or p roh ib i t ing t he emp loymen t of persons in

den t i s t ry otherwise t h a n	unde r the direct personal	super­
vision of dent is ts ;

(e)	regulating the holding of examinations under this Act, and prescr ibing the subjects of and fees for such examina t ions ;
(f)	the issue of certificates for passing such examinations, and
for regis t ra t ion unde r th is Act.

Such regula t ions shall be publ ished in the Gazet te , and a copy thereof shall be laid before each House of Pa r l i amen t wi th in fourteen days from such publ icat ion, or if P a r l i a m e n t be not t hen in session, wi thin fourteen days from the commencemen t of the nex t session.

1 4 . Any reg is t ra r or o ther person who wilfully makes or causes to be made any false en t ry in or falsification of t h e register, and any person who wilfully procures or a t t e m p t s to p rocure himself or any other person to be registered under this Ac t by m a k i n g or p roduc ing , or caus ing to be made or produced, any false or fraudu­ len t representat ion or declarat ion, e i ther verbally or in wr i t ing , and a n y person a iding or assist ing therein, shall be gui l ty of a misde­ meanour , a n d shall on conviction be liable to be imprisoned, for any t e r m not exceeding twelve mon ths .

1 5 . The board may examine any person upon oath , or t ake a solemn declarat ion from any person for t h e purposes of this A c t ; and if any person wilfully makes any false s t a t emen t upon such examinat ion or in such declarat ion, or u t te rs or a t t e m p t s to u t t e r or p u t off as t r u e before t he board any false, forged, or counterfe i t certificate, diploma, license, le t ter , tes t imonia l , or other documen t or wri t ing, he shal l be gui l ty of a misdemeanour , and shall on conviction be liable to be impr isoned for any period not exceeding twelve mon ths .

1 6 . Al l informat ions for offences aga ins t th is A c t shall be laid

by the regis t rar , or some other person appointed by the board for t h a t purpose, and all penal t ies when recovered shall be paid to t h e dental board for the purposes of th is Act . All such penal t ies may be recovered before any s t ipendiary or police mag i s t r a t e or two jus t ices of t he peace

s i t t ing in pe t t y sessions.

1 7 .        The fees ment ioned in Schedule B to this Ac t shall be

paid to t he regis t rar . The a m o u n t of such fees shall be paid by the reg is t ra r in to t h e Treasury, and shall be carried to the Consolidated

R e v e n u e F u n d .

S C H E D U L E S .

SCHEDULES.

SCHEDULE A.

Reference to Act. Title of Act.

ActNo. 45, 1900	Dentists Act, 1900.
Act No. 27,1909	Dentists (Amendment) Act, 1909.

SCHEDULE B.

£ s. d.

On application ... ... ... ... ... ... 5 5 0

Certificate of registration	...	...	...	...	...	0	5 0
Inspection of register...	...	...	...	...	...	0	5 0
Alteration of register...	...	...	...	...	...	0	5 0