Dentists Act 1984 (SA)

(Reprint No. 1)

SOUTH AUSTRALIA

DENTISTS ACT 1984

This Act is reprinted pursuant to the Acts Republication Act 1967 and incolporates all amendments in force as at I July 1991.

It should be noted that the Act was not revised (for obsolete references, etc.) by the Commissioner of Statute Revision prior to the publication of this reprint.

ii	Dentists Act, 1984

SUMMARY OF PROVISIONS

PART I

PRELIMINARY

Section
1. Short title
2. Commencement.,
3. Reoeal and transltlonal ~rovision

PART I1

ADMINISTRATION

DIVISION I-THE

DENTAL BOARD O F SOUTH AUSTRALIA

The Dental Board of South Australia
Membershio of the Board

The	~ res id in t

Procedures at meetings of the Board
Validity of acts of Board and immunity of members
Personal or pecuniary interest of member
Remuneration, etc., of members
Functions and powers of the Board
Committees
Delegation of functions and powers
Powers of the Board in relanon to witnesses. etc.
Principles governing hearings
Representation at proceedings before the Board
Costs
Registrar
Accounts and audit
Report

DIVISION II-THE

DENTAL PROFESSIONAL CONDUCT TRIBUNAL

2 2.	The Dent31 Prs!zrsional	C ~ n d u c r	Tribm~nal
23.	\lr.:nberr of ihe Trib~r.al

? - I

Conrtitiiion of the Tr!wr.a!

25.

How dects~ons

of the Tribunal to be arrived at

\'>Iidil) of

x i s of Tribucal 2nd: n m ~ n i t y

of members

Perjonal or pcccniar) inrere51 of member

2d.

Rrm~nerat ion,

etc.. of members

DIVISION III-THE

CLINICAL DENTAL TECHNICIANS

REGISTRATION COMMITTEE

29. The Clinical Dental Technicians Registration Commitlee
30. Procedures at meeting$ of the Committee
31. \=:idit? of acts of Co%mi:tee 2nd lmmlni ty of members
32. Perion3! orpi.cuniary inieresi oi r?<r.bcr

33.

Rcmcncrxlon. etc.. of rr.err.bers

.~~~~

34. Powers and functions of the Committee

PART Ill

REGISTRATION

DIVISI0.V I-RESTRICTIONS REL,\TING T O TI!E PRACTICE

O F DENTISTRY BY UNREGISTERED PERSO\S

35. Illegal holding out as dentists
36. Illegal holding out as clinical dental technician
37. Illegal holding outas dental hygienist
38. Restriction of provision of dental treatment by unqualified persons

DIVISION II-REGISTRATION 0F.DENTISTS

39. Registration on the general register
40. Registration on the specialist register

DIVISION Ill-REGISTRATION

O F CLINICAL DENTAL TECHNICIANS

41. Registration of clinical dental technicians

DIVISION IV-REGISTRATION

O F DENTAL HYGIENISTS

42. Registration of dental hygienists

Dentists Act. 1984

iii

DIVISION V-LIMITED REGISTRATION

43. Limited registration 'for the purpose of gaining experience or teaching, etc.

DIVISION VI-PROVISIONAL REGISTRATION

44. Provisional registration

DIVISION VII-PROVISIONS

RELATING T O THE PRACTICE

O F DENTISTRY BY COMPANIES

1. Cornpan!& cot io practise in partnership

lo.	Employawn! of reiistricd persons by c o ~ g a n ).
.19.	Crirrinzl liabiliiv ofd:iccturs
50.	Joint and severai liability
51.	Alteration to memorandim or articles of association

DIVISION VIII-GENERAL

52.          Reinstatement of person on register
53.         The registers
54.          Fees
55.          Removal from register on request
56.          Person may not be registered on general and specialist registers at the same time
57.          Removal of name from register on suspension
58.          Information to be provided by registered person

PART IV

PROCEEDINGS BEFORE THE BOARD AND THE TRIBUNAL

DIVISION I-PROCEEDINGS

BEFORE THE BOARD

59. Inquiries by the Board as to competence
60. ' Inc'apacity bf registered erson '
61. Obligation to report unRtness

62.

Power to require registered

erson to submit to examination

63.

In~uir ies

bv the Board in rePation to un~rofessional

conduct

64.          Vaiiarion, kc., of conditions imposed by' Board
65.          Suspension of registration of non-residents
66.          Provisions as to inquiries

DIVISION 11-PROCEEDINGS

BEFORE THE TRIBUNAL

67.          Inquiries by Tribunal as to unprofessional conduct
68.          Variation of conditions imposedby Tribunal
69.          Suspension of registration pending determination of comblaint
70.          Provisions as to inquiries
71.          Principles governing hearings
72.          Powers of Tribunal
73.          Costs
74.          Rules of the Tribunal

PART V

APPEALS T O THE SUPREME COURT

75.         Appeal to Supreme Court
76.          Operation of order may be suspended
77.          Variation of conditions imposed by the Court

PART VI

MISCELLANEOUS

78.          Practitioners to be indemnified against loss
79.          Penalty for breach of condition-
80.          lnformation relating to claim against a registered person to be provided
81.          Service
82.          Procurement of registration by fraud
83.          Punishment of conduct that constitutes an offence
84.          Offences
85.          Employment of persons by the South Australian Dental Service Incorporated
86.          Regulations

DENTISTS ACT, 1984

being

Dentists Act, 1984. No. 51 of 1984 [Assented to 24 biay 19841'

as amended by

Dentists Act Amendment Act. 1989. No. 61 of 1989 [Assented to 26 October 19891
An Act to provide for the registration of dentists, clinical dental technicians and dental hygienists; to regulate the practice of dentistry for the purpose of maintaining high standards of competence and conduct by persons registered under this Act; to repeal the Dentists Act, 1931; and for other purposes.
BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

PART I

PRELIMINARY

Short title
1. This Act may be cited as the Dentists Act, 1984.
Commencement

2. (1) This Act shall come into operation on a day to be fixed by proclamation.

(2) The Governor may, in a proclamation fixing a day for this Act to come into

operation, suspend the operation of specified provisions of this Act until a subsequent

day fixed in the proclamation, or a day to be fixed by subsequent proclamation.

Repeal and transitional provision
3. (1) The Dentists Act, 1931, is repealed.
(2) All property, rights and liabilities vested in or attached to the former board immediately before the commencement of subsection (1) shall, upon the commencement of that subsection, vest in or attach to the Board.
(3) A reference in an instrument (whether or not of a statutory nature) to the former board shall, where the context admits, be construed as a reference to the Board.
I ~ a m e into operation (except ss. 40, 45-51 and 78) 22 August 1985: Gaz. 22 August 1985, p. 511: ss. 40, 45-51 came into operation 1 June 1988: Gaz. 26 May 1988, p. 1332: s. 78 had not been brought into operation at the date of this reprint.
2 Dentists Act, 1984
(4) A person registered as a dentist under the repealed Act immediately before the commencement of subsection (1) shall be deemed to have been registered on the general register under this Act on the conditions (if any) to which his registration was subject under the repealed Act and if he was registered under the repealed Act for a limited period his registration under this Act shall be subject to the same limitation.
(5) A person registered as a dental auxiliary under the repealed Act immediately before thp commencement of subsection (1) shall b e deemed to have been registered on the register of dental hygienists under this Act on the conditions (if any) to which his registration was subject under the repealed Act and if he was registered under the repealed Act for a limited period his registration under this Act shall be subject to the same limitation.
(6) The name of the person deemed to have been registered under this Act by virtue

of subsection (4) or (5) shall, without payment of a registration fee, be entered in the

appropriate register under this Act.

(7) The registration under this Act of a person who had given an undertaking (that was in force immediately before the commencement of subsection (1)) to the statutory committee pursuant to the repealed Act shall be subject to a condition requiring him to comply with that undertaking.

(8) Where a person-
(a) whose registration under the repealed Act was, immediately before the commencement of subsection (I), in a state of suspension;
or
(b) whose name was removed from a register under the repealed Act for any reason and whose name had not, before the commencement of subsection (I), been reinstated on that register,

applies for registration under this Act, the Board may deal with the application as though

it were an application for reinstatement under this Act.

Interpretation

4. (1) In this Act, unless the contrary intention appears-
"the Board" means the Dental Board of South Australia established under this
Act:

"books" includes papers, documents, films and other records:

"clinical dental technician" means a person whose name is registered on the
register of clinical dental technicians under this Act:
"clinical technical dentistry" means the fitting of, and the taking of impressions or
measurements for the purpose of fitting, dentures to a jaw-
(a) in which there are no natural teeth or parts of natural teeth;
and
(b) where the jaw, gums and proximate tissue are not abnormal, diseased or
suffering from a surgical or other wound:
"the Committee" means the Clinical Dental Technicians Registration Committee
established under this Act:
"company" means a company incorporated under the law of this State:

Dentists Act, 1984

"dental hygienist" means a person who is registered, or deemed to be registered,
on the register of dental hygienists under this Act:
"dental treatment" includes-
(a) advice, attendances, services, procedures and operations relating to the
treatment of human teeth, gums, jaws and proximate tissue;
and
(bj the fitting of, and the taking of impressions or measurements for the
purpose of fitting, dentures:
"dentist" means a general practitioner or a specialist:
"director" of a company includes any person occupying or acting in the position of director of the company whether validly appointed to occupy or duly authorized to act in that position or not, and includes any person in accordance with whose directions or instructions the directors of the company are accustomed to act:
"equipment" includes appliances, instruments, dressings or substances used in or
for the purpose of dentistry:
"the former board" means the Dental Board of South Australia established under
the repealed Act:
"general practitioner in dentistry" or "general practitioner" means a person whose
name is registered, or deemed to be registered, on the general register:
"general register" means the register maintained under this Act of persons
qualified in accordance with this Act to practise in all branches of dentistry:
"member", when used in Division I of Part 11, means a member of the Board; when used in Division I1 of that Part, means a member of the Tribunal; and when used in Division 111 of that Part, means a member of the Committee:
"prescribed relative", in relation to a dentist or clinical dental technician, means a
parent, spouse, child or grandchild of the dentist or clinical dental technician:
"putative spouse", in relation to a dentist or clinical dental technician, means a person who is cohabiting with the dentist or clinical dental technician as the husband or wife de facto of the dentist or clinical dental technician and-
(a) who has so cohabited continuously over the last preceding period of

five years, or for periods aggregating five years over the last preceding

period of six years;
or
(bj who has had sexual relations with the dentist or clinical dental techni-
cian resulting in the birth of a child:
"register" means a register established under this Act:
"registered person" means a person who is registered under this Act:
"Registrar" means the person holding the office of registrar under this Act:
"the repealed Act" means the Dentists Act, 1931, repealed by this Act:
"the Senior Judge" means the person holding or acting in the office of Senior
Judge under the Local and District Criminal Courts Act, 1926:
"specialist" means a person whose name is registered on the specialist register:
4 Dentists Act. 1984
"specialist register of dentists" 'o r "specialist register" means the register main- tained under this Act of persons whose qualifications and experience in a prescribed branch of dentistry are such as to entitle them to registration as specialists in that branch of dentistry:
"spouse" includes putative spouse:
"the Tribunal" means the Dental Professional Conduct Tribunal established under
i this Act:
"unprofessional conduct" iucludes-
(a) improper or unethical conduct in relation to the practice of dentistry;
(b) incompetence or negligence in relation to the practice of dentistry;
and
(c) a contravention of or failure to comply with-
(i) a provision of this Act;
or
(ii) a condition imposed by or under this Act in relation to the
registration of a person under this Act.
(2) A reference in this Act to unprofessional conduct extends to-
(a) unprofessional conduct committed before the commencement of this Act;
and
(b) unprofessional conduct committed within or outside South Australia or the
Commonwealth.

Dentists Act, 1984

PART I1

ADMINISTRATION

DIVISION I-THE

DENTAL BOARD OF SOUTH AUSTRALIA

The Dental Board of South Australia

5. (1) There shall be a board entitled the "Dental Board of South Australia".

(2) The Board-
(a) shall be a body corporate with perpetual succession and a common seal;
(bj shall be capable of suing and being sued.
(3) Where an apparently genuine document purports to bear the common seal of the Board, it shall be presumed in legal proceedings, in the absence opproof to the contrary, that the document has been duly executed by the Board
Membership of the Board
6. ( 1 ) The Board shall consist of eight members appointed by the Governor of
whom-
(a) four shall be nominated by the Minister;
(b) three shall be dentists who have been nominated in the prescribed manner by a majority of dentists who vote on the question;
and
(c) one shall be a dentist who has been nominated by the Council of The University of Adelaide.
(2) Of the members appointed on the nomination of the Minister-
(a) two shall be dentists at least one of whom is employed by the South Australian
Dental Service Incorporated; (b) one shall be a legal practitioner; and
(c) one shall be a person who is neither a registered person nor a legal

practitioner who has been selected by the Minister to represent the interests

of persons receiving dental treatment.

(3) Every dentist shall be entitled to cast a vote in relation to the nomination of dentists for appointment to the Board pursuant to subsection ( l ) (b).

(4) A member shall be appointed for a term not exceeding three years upon such

conditions as the Governor determines and at the expiration of his term of office shall be

eligible for reappointment.

(5) The Governor may appoint a person to be a deputy of a member and the deputy may, if the member is absent or is unable to act for any other reason, act as a member of the Board.
(6) The requirements of qualification and nomination made by this section in relation to the appointment of a member extends to the appointment of his deputy.
(7) The Governor may remove a member from office for-
(a) a breach of or non-compliance with, the conditions of his appointment;
(b) mental or physical incapacity to carry out satisfactorily the duties of his office;
6 Dentists Act. 1984
(c) neglect of duty;
(d) dishonourable conduct.
(8) The office of a member becomes vacant if-
(a) he dies;
(b) his term of office expires;
(c) he attains the age of sixty-five years;
(d) he resigns by written notice to the Minister;
(e) he ceases to satisfy the qualification referred to in this section by virtue of which he was eligible for nomination;
(fj in the case of the member who is a legal practitioner or the member who is

neither a registered person nor a legal practitioner, he ceases to be a

member of the Clinical Dental Technicians Registration Committee;

(g) he is removed from office by the Governor pursuant to subsection (7).

(9) Subject to subsection (lo), upon the office of a member becoming vacant, a person shall be appointed in accordance with this Act to the vacalit office.

(10) Where the office of a mkmber who was appointed pursuant to subsection (l)(b)

becomes vacant during the term for which he was appointed, the Governor shall appoint a dentist nominated by the Australian Dental Association South Australian Branch Incorporated to the vacant office for the remainder of that term.

(11) A member of the Board who is one of the members constituting the Board for the purposes of proceedings under Division I of Part IV and whose term of office expires or who attains the age of sixty-five years before those proceedings have been completed may, for the purpose of continuing and completing those proceedings, continue to act as a member of the Board.

The President

7. The Minister shall, after consultation with the Board, appoint one of the members of the Board who is a dentist to be the President of the Board.

Procedures at meetings of the Board

8. (1) Five members shall constitute a quorum at a meeting of the Board.

(2) The President shall preside at a meeting of the Board at which he is present and,

in the absence of the President from a meeting, the members present shall decide who is

to preside at the meeting.

(3) A question arising before the Board shall be determined in accordance with the opinion of a majority of the members present.

(4) The Board shall cause accurate minutes to be kept of the business conducted at

its meetings.

(5) Subject to this Act, the procedure for the calling of meetings of the Board and the conduct of business at meetings of the Board shall be determined by the Board.

Dentists Act, 1984

Validity of acts of Board and immunity of members
9. (1) No act or proceeding of the Board shall be invalid by reason only of a vacancy in the office of a member, or a defect in the appointment of a member.
( 2 ) No liability shall attach to a member or the Registrar for any act or omission by him, or by the Board, in good faith and in the exercise, or purported exercise, of his or its powers cy functions or in the discharge, or purported discharge, of his or its duties under this Act.
( 3 ) Any liability that would, but for subsection (2), attach to a member or the Registrar shall attach to the Crown.
Personal or pecuniary interest of member
10. A member who has a personal interest or a direct or indirect pecuniary interest in a matter under consideration by the Board is disqualified from participating in the Board's consideration of that matter.
Remuneration, etc., of members
11. A member shall be entitled to such remuneration, allowances and expenses as

are determined by the Governor.

Functions and powers of the Board

12. (1) The Board shall exercise its functions under this Act with a view to achieving and maintaining the highest professional standards both of competence and conduct in the practice of dentistry in this State.
(2 ) The functions of the Board are as follows:
(a) to consult with appropriate authorities as to syllabuses and courses to enable

persons wishing to apply for registration under this Act to acquire the

necessary qualifications, experience and skill;

(b) to make recommendations to the Minister in relation to regulations prescrib- ing the qualifications, experience and other requirements to be fulfilled by persons applying for registration under this Act;

(d) to establish and maintain registers of persons qualified to practise dentistry in accordance with this Act;
(e) to carry out such other functions as are prescribed by this Act.
(3 ) For the purpose of carrying out its functions, the Board may-
(a) acquire, hold, deal with and dispose of real and personal property;

(b) enter into any kind of contract or arrangement;
(c) acquire or incur any other rights or liabilities;
(d) exercise such other powers as are vested in it under this Act or are necessary for, or incidental to, the efficient discharge of its functions.
8 Dentists Act, 1984

Committees

13. (1) The Board may establish committees to advise the Board on any matter related to the administration of this Act or to carry out functions on behalf of the Board.

(2) The Board may appoint a person who is not a member of the Board to be a member of a committee.

\

Delegation of functions and powers

14. (1) The Board may delegate any of its functions or powers except those relating to proceedings under Part IV.

(2) A delegation under this section-
(a) may be made-
(i) to a member, to the Registrar or to an employee of the Board;
(ii) to the Clinical Dental Technicians Registration Committee;
or
(iii) to a committee established by the Board under this Act;
(b) may be made subject to such conditions as the Board thinks fit;
and
(c) is revocable at will and does not derogate from the power of the Board to act
in any matter itself.

(3) A person to whom functions or powers are delegated under this section is

disqualified from acting in pursuance of the delegation in relation to any matter in which

he has a personal interest or a direct or indirect pecuniary interest.

Powers of the Board in relation to witnesses, etc.

15. (1) For the purposes of proceedings before the Board (including an application for registration or reinstatement of registration), the Board may-

(a) by summons signed on behalf of the Board by a member or the Registrar, require the appearance before the Board of any person or the production to the Board of any relevant books or equipment;

(b) inspect any books or equipment produced to it and retain them for such

reasonable period as it thinks fit, and make copies of the books or of any of

their contents;

(c) require a person appearing before the Board to make an oath or affirmation that he will truly answer all questions put to him relating to any matter in issue before the Board (which oath or affirmation may be administered by a member or the Registrar);
(d) require a person appearing before the Board to answer any relevant questions put to him by a member or by a party, or person appearing on behalf of a party, to a proceeding before the Board.

(2) Upon the receipt of an application for the issue of a summons under this section, a member or the Registrar may, without referring the matter to the Board, issue a summons on behalf of the Board.

Dentists Act. 1984

(3) If a person-
(a) who has been served with a summons to appear before the Board fails, without reasonable excuse, to appear in obedience to the summons;

(b)	who has been served with a summons to produce relevant books or equipment fails, without reasonable excuse, to comply with the summons;

(cf misbehaves himself before the Board, wilfully insults the Board or any member of the Board or interrupts the proceedings of the Board;
(d) refuses to be sworn or to affirm, or refuses or fails to answer truthfully any relevant question, when required to do so by the Board,
he shall be guilty of an offence and liable to a penalty not exceeding five thousand dollars
or imprisonment for three months.
(4) A person who appears as a witness before the Board has the same protection as a witness in proceedings before the Supreme Court.
(5) A person may be required to answer a question by the Board notwithstanding that the answer to that question might tend to incriminate him, or to produce any books or equipment notwithstanding that they might tend to incriminate him, but if that person objects to answering any question a n o t e of that objection shall be taken down in the minutes of the proceedings, and the answer shall not be admissible against him in any criminal proceedings (except in proceedings for perjury).
Principles governing hearings
16. (1) The Board is not bound by the rules of evidence and may inform itself upon any matter as it thinks fit.
(2) Subject to this Act, the procedure of the Board upon the hearing of proceedings under this Act shall be as determined by the Board.
(3) Upon the hearing of proceedings, the Board shall act according to equity, good conscience and the substantial merits of the case.

Representation at proceedings before the Board

17. Subject to this Act, a party to proceedings before the Board (including an

applicant for registration or reinstatement of registration) shall be entitled to be

represented by a legal practitioner at the hearing of those proceedings.

Costs
18. (1) The Board may award such costs against a party to proceedings before it as the Board considers just and reasonable.
(2) If a party is dissatisfied with the amount of the costs fixed by the Board, he may request a master of the Supreme Court to tax the costs and, after taxing the costs, the master may confirm or vary the amount of the costs fixed by the Board.
(3) Subject to this section, costs awarded by the Board under this section may be recovered as a debt.
10 Dentists Act. 1984

Registrar

19. (1) The Board shall appoint a suitable person, upon such conditions as it determines, to be the Registrar of the Board.

(2) The Board may employ such other persons as, in its opinion, are necessary to assist it in carrying out its functions under this Act.

~ccountgand

audit

20. (1) The Board shall cause proper accounts to be kept of its financial affairs.

(2) The accounts shall be audited at least once in every year by an auditor approved by the Auditor-General and appointed by the Board.

Report

21. (1) The Board shall, on or before the thirtieth day of September in each year, deliver to the Minister a report upon the administration of this Act during the period of twelve months that ended on the preceding thirtieth day of June.

(2) The report must incorporate the audited statement of accounts for the Board in relation to the relevant period.

(3) The Minister shall cause a copy of the report to be laid before each House of Parliament within three sitting days after it has been delivered to him.

DIVISION 11-THE

DENTAL PROFESSIONAL CONDUCT TRIBUNAL

The Dental Professional Conduct Tribunal

22. There shall be a tribunal entitled the "Dental Professional Conduct Tribunal".

Members of the Tribunal

23. (1) The Tribunal shall consist of seven members appointed by the Governor on the nomination of the Minister.

(2) Of the members so appointed-
(a) one (who shall be the chairman of the Tribunal) shall be-
(i) a person holding judicial office under the Local and District
Criminal Courts Act, 1926, who has been nominated by the Senior

Judge;

(ii) a special magistrate;
or
(iii) a legal practitioner of not less than ten years standing;
(b) three shall be dentists;
(c) one shall be a person selected by the Minister to represent the interests of clinical dental technicians;
( d ) one shall be a dental hygienist;
and
(e) one shall be a person who is neither a registered person nor a legal practitioner who has been selected by the Minister to represent the interests of persons receiving dental treatment.

Dentists Act, 1984

(3) Of the dentists nominated by the Minister pursuant to subsection (2)(b), two shall be selected by the Minister from a list of five dentists submitted to him by the Australian Dental Association South Australian Branch Incorporated.
(4) A member shall be appointed for a term not exceeding three years and upon such conditions as the Governor determines and at the expiration of his term of office shall be eligible for reappointment.
(5) ?he Governor may appoint a person to be a deputy of a member and the deputy

may, if the member is absent or is unable to act for any other reason, act as a member of

the Tribunal.

(6) The requirements of qualification and nomination made by this section in relation to the appointment of a member extends to the appointment of his deputy.
(7) The Governor may remove a member from office for-
(a) a breach of, or non-compliance with, the conditions of his appointment;
(b) mental or physical incapacity to carry out satisfactorily the duties of his office;
(c) neglect of duty;
or
(d) dishonourable conduct.
(8) The office of a member becomes vacant if-
(a) he dies;
(b) his term of office expires;
(c) he attains the age of sixty-five years;
(d) he resigns by written notice to the Minister;
(e) he ceases to satisfy the qualification referred to in this section by virtue of which he was eligible for nomination;
(f) he is removed from office by the Governor pursuant to subsection (7).

(9) Upon the office of a member becoming vacant, a person shall be appointed in accordance with this Act to the vacant office.

(10) A member who is one of the members constituting the Tribunal for the purpose of proceedings and whose term of office expires or who attains the age of sixty-five years before those proceedings have been completed may, for the purpose of continuing and completing those proceedings, continue to act as a member of the Tribunal.
Constitution of the Tribunal
24. (1) The Tribunal shall be constituted, for the purpose of hearing and determin- ing proceedings, of the chairman and not less than two other members.
(2) The members of the Tribunal constituting the Tribunal for the purpose of hearing and determining proceedings against a dentist may include only the chairman, the members who are dentists and the member who is neither a registered person nor a legal practitioner.
12 Dentists Act, 1984
(3) The members of the Tribunal constituting the Tribunal for the purpose of hearing and determining proceedings against-
(a) a clinical dental technician shall include a member who is a clinical dental
technician;
and
(bj a dental hygienist shall include a member who is a dental hygienist.
(4) The jurisdiction of the Tribunal may be exercised by the chairman for the purpose of adjourning any proceedings.
How decisions of the Tribunal to be arrived at
25. A question arising before the Tribunal shall be determined in accordance with the opinion of a majority of the members constituting the Tribunal or, where they are equally divided in opinion, in accordance with the opinion of the chairman.
Validity of acts of Tribunal and immunity of members
26. (1) No act or proceeding of the Tribunal shall be invalid by reason only of a vacancy in the office of a member, or a defect in the appointment of a member.
(2) No liability shall attach to a member for any act or omission by him, or by the Tribunal, in good faith and in the exercise, or purported exercise, of his or its powers or functions or inthe discharge, or purported discharge, of his or its duties under this Act.
(3) Any liability that would, but for subsection (2), attach to a member shall attach to the Crown.
Personal or pecuniary interest of member
27. A member who has a personal interest or a direct or indirect pecuniary interest in a proceeding before the Tribunal is disqualified from sitting at the hearing.
Remuneration, etc., of members
28. A member shall be entitled to such remuneration, allowances and expenses as are determined by the Governor.

DIVISION 111-THE CLINICAL DENTAL TECHNICIANS

REGISTRATION COMMITTEE

The Clinical Dental Technicians Registration Committee
29. (1) There shall be a committee entitled the "Clinical Dental Technicians Registration Committee".
(2) The Committee shall consist of five members of whom-
(a) one (who shall be the chairman of the Committee) shall be the member of the Board who is a legal practitioner;
(b) one shall be the member of the Board who is neither a registered person nor a
legal practitioner;
and
(c) three shall be appointed by the Governor.

Dentists Act. 1984

(3) Of the members appointed by the Governor-
(a ) one, who shall be one of the members of the Board who is a dentist, shall be nominated by the Board;
and
( b ) two shall be persons nominated by the Minister to represent the interests of clinical dental technicians.
(4) A member appointed by the Governor shall be appointed for a term not exceeding three years upon such conditions as the Governor determines and at the expiration of his term of office shall be eligible for reappointment.
(5) The Governor may remove a member from office for-
(a) a breach of or non-compliance with, the conditions of his appointment or of the conditions subject to which he holds office;
(b ) mental or physical incapacity to carry out satisfactorily the duties of his office;
(c) neglect of duty;
(d ) dishonourable conduct.
(6) The office of a member becomes vacant if-
(a) he dies;
(b ) in the case of a member who is also a member of the Board, he ceases to be a member of the Board;
(c) his term of office expires;
(d ) he attains the age of sixty-five years;
( e ) he resigns by written notice to the Minister;
or
(f) he is removed from office by the Governor pursuant to subsection (5).
(7) Upon the office of a member who was appointed by the Governor becoming vacant, a person shall be appointed in accordance with this Act to the vacant office.

Procedures a t meetings of the Committee

30. (1) Three members shall constitute a quorum at a meeting of the Committee.
(2) The chairman shall preside at a meeting of the Committee at which he is present

and, in the absence of the chairman from a meeting, the members present shall decide

who is to preside at the meeting.

(3) A question arising before the Committee shall be determined in accordance with the opinion of a majority of the members present or, where they are equally divided in opinion, in accordance with the opinion of the person presiding at the meeting.
(4) The Committee shall cause accurate minutes to be kept of the business conducted at its meetings.
(5) Subject to this Act, the procedure for the calling of meetings of the Committee and the conduct of business at meetings of the Committee shall be determined by the Committee.
14 Dentists Act, 1984

Validity of acts of Committee and immunity of members

31. (1) No act or proceeding of the Committee shall be invalid by reason only of a vacancy in the office of a member, or a defect in the appointment of a member.

(2) No liability shall attach to a member for any act or omission by him, or by the Committee, in good faith and in the exercise, or purported exercise, of his or its powers or functions or in the discharge, or purported discharge, of his or its duties under this Act.

(3) Any liability that would, but for subsection (2), attach to a member shall attach to the Crown.
Personal or pecuniary interest of member

32. A member who has a personal interest or a direct or indirect pecuniary interest

in a matter under consideration by the Committee is disqualified from participating in

the Committee's consideration of that matter.

Remuneration, etc., of members

33. A member shall be entitled to such remuneration, allowances and expenses as are determined by the Governor.

Powers and functions of the Committee

34. (1) The Committee shall, on behalf of the Board, consider and determine all

applications to the Board by natural persons wishing to be registered or reinstated as

clinical dental technicians.

(2) For the purpose of considering and determining an application referred to in subsection (I), the Committee may exercise the powers of the Board.

Dentists Act, 1984

PART I11

REGISTRATION

DIVISIOS I-RESTRICTIONS

RELATING TO THE

PRACTICE O F DENTISTRY BY UNREGISTERED PERSONS

Illegal holding out as dentists

35. fl)

No person shall hold himself out or permit another person to hold him out

as a general practitioner in dentistry or as a specialist unless he is registered on the
general register of dentists or on the specialist register of dentists respectively.
Penalty: Five thousand dollars or imprisonment for six months.
(2) No person shall hold out another person as a general practitioner in dentistry or as a specialist unless that other person is registered on the general'iegister of dentists or on the specialist register of dentists respectively.
Penalty: Five thousand dollars or imprisonment for six months.
Illegal holding out as clinical dental technician
36. (1) No person shall hold himself out or permit another person to hold him out

as a clinical dental technician unless he is registered on the register of clinical dental

technicians under this Act.

Penalty: Five thousand dollars or imprisonment for six months.
(2) No person shall hold out another person as a clinical dental technician unless that other person is registered on the register of clinical dental technicians under this Act.
Penalty: Five thousand dollars or imprisonment for six months.
Illegal holding out as dental hygienist
37. (1) No person shall hold himself out or permit another person to hold him out as a dental hygienist unless he is registered on the register of dental hygienists under this Act.
Penalty: Five thousand dollars or imprisonment for six months.
(2) No person shall hold out another person as a dental hygienist unless that other person is registered on the register of dental hygienists under this Act.

Penalty: Five thousand dollars or imprisonment for six months.

Restriction of provision of dental treatment by unqualified persons
38. (1) A person must not provide dental treatment for fee or reward unless he was, at the time at which he provided the treatment, a qualified person and-

(a) in the case of a natural person-he

provided the treatment personally;

(b) in the case of a company-the

treatment was provided by a natural person

who was, at that time, a qualified person.
Penalty: Five thousand dollars or imprisonment for six months.
(2) Subsection (1) does not apply to dental treatment-
(a) provided by a dentist through the instrumentality of a qualified person;
or
16 Dentists Act.1984
(b) provided by an unqualified person if the treatment was provided through the instrumentality of a qualified person in prescribed circumstances.
(3) For the purposes of this section-
"qualified person", in relation to dental treatment, means-
(a) a person who is registered on the general register;
(b) a person who is registered on the specialist register as a specialist in the

branch of dentistry to which that treatment belongs;

(c) a person authorized by or under this Act or any other Act to provide
that treatment;
(d) a person registered under this Act or any other Act as a person
qualified, in the circumstances under which the treatment is pro-
vided, to provide that treatment.

DIVISION 11-REGISTRATION

O F DENTISTS

Registration on the general register
39. A natural person who satisfies the Board that he-

(a) has prescribed qualifications and experience; and
(c) is a fit and proper person to be registered on the general register,
shall, subject to this Act, be registered on that register.
Registration on the specialist register
40. (1) A natural person who satisfies the Board that he-
(a) has prescribed qualifications and experience;
(b) fulfils all other prescribed requirements;
and

shall, subject to this Act, be registered on that register.
(2) The Governor may, on the recommendation of the Board, prescribe the branches of dentistry in relation to which a person may be registered as a specialist under this section.
(3) Without the written authorization of the Board, a specialist shall not provide dental treatment in any branch of dentistry other than the branch in which he is registered as a specialist.
Penalty: Five thousand dollars.
(4) The Board may, subject to such conditions as it thinks fit, authorize a specialist to provide dental treatment in all branches of dentistry or in specified branches oi dentistry other than those in which he is registered as a specialist and may vary or revoke an authorization, or a condition to which it is subject, at any time.

Dentists Act, 1984

DIVISION 111-REGISTRATION

OF CLINICAL DENTAL TECHNICIANS

Registration of clinical dental technicians
41. (1) A natural person who satisfies the Board that he-
(a) has prescribed qualifications and experience;
(bj, fulfils all other prescribed requirements;
and
(c) is a fit and proper person to be registered as a clinical dental technician,
shall, subject to this Act, be registered on the register of clinical dental technicians.
(2) A clinical dental technician shall not provide dental treatment other than the fitting of and the taking of impressions or measurements for the purpose of fitting, dentures to a jaw-
(a) in which there are no natural teeth or parts of natural teeth;
and
(b) where the jaw, gums and proximate tissue are not abnormal, diseased or
suffering from a surgical or other wound.
Penalty: Five thousand dollars.
(3) An application by a natural person for registration, or reinstatement of registra-

tion, as a clinical dental technician shall be considered and determined by the Clinical

Dental Technicians Registration Committee on behalf of the Board.

DIVISION IV-REGISTRATION

OF DENTAL HYGIENISTS

Registration of dental hygienists
42. (1) A natural person who satisfies the Board that he-
(a) has prescribed qualifications and experience;
(b) fulfils all other prescribed requirements;
and
(c) is a fit and proper person to be registered as a dental hygienist,

shall, subject to this Act, be registered on the register of dental hygienists.

(2) Dental treatment provided by a dental hygienist shall be provided subject to any restrictions or conditions prescribed by regulation.
(3) A dental hygienist who contravenes or fails to comply with a regulation referred

to in subsection (2) shall be guilty of an offence.

Penalty: Five thousand dollars.

DIVISION V-LIMITED REGISTRATION

Limited registration for the purpose of gaining experience or teaching, etc.
43. (1) Where a person who applies for registration, or reinstatement of registration, on any register under this Act does not have the necessary qualifications or experience or does not fulfil the other requirements prescribed by or under this Act, the Board may register that person in pursuance of this section-
18 Dentists Act, 1984
(a) in order to enable him-
(i) to acquire the experience and skill required for full registration
under this Act;
or
(ii) to teach or to undertake research or study in South Australia;
or
(b) if, in its opinion, his registration is in the public interest.

(2) Where a person applies for registration, or reinstatement of registration, on any register under this Act but has not satisfied the Board that he is a fit and proper person to be registered unconditionally, but otherwise fulfils the requirements prescribed by or under this Act for registration, the Board may register that person in pursuance of this section.

(3) An application referred to in subsection (1) or (2) may be granted by the Board subject to one or more of the following conditions:

(a) a condition restricting the places or times at which the applicant may practise
dentistry;
(b) a condition limiting the branches of dentistry in which he may practise;
(c) a condition limiting the period during which the registration will have effect;
(d) a condition requiring that he be supervised in his practise of dentistry by a particular person or by a person of a particular class;
or
(e) such other conditions as the Board thinks fit.

DIVISION VI-PROVISIONAL

REGISTRATION

Provisional registration

44. (1) Where a person has applied for registration under this Act, the Registrar may, if in his opinion the Board is likely to grant the application, provisionally register the applicant.

(2) The provisional registration of a person registered pursuant to subsection (1) shall remain in force until the Board determines the application.

(3) The registration by the Board under this Act of a person who was provisionally

registered under this section shall have effect from the commencement of the provisional

registration.

DIVISION VII-PROVISIONS

RELATING TO THE PRACTICE

O F DENTISTRY BY COMPANIES

Registration of companies

45. (1) A company may, subject to this Act, be registered on the general register or on the register of clinical dental technicians if it satisfies the Board-

(a) that the memorandum and articles of association of the company contain stipulations to the following effect:
(i) in the case of a company that is to be registered as a dentist-
(A) the sole object of the company must be to practise the
profession of dentistry;

Dentists Act, 1984

(B) the directors of the company must be natural persons who are dentists (but where there are only two directors, one may be a dentist and the other may be a prescribed relative of that dentist);
(C) no share issued by the company, and no right to participate in the distribution of the profits of the company, is to be owned beneficially otherwise than by a dentist who is a director or employee of the company, or a prescribed relative of that dentist;
(D) the total voting rights exercisable at a meeting of the members of the company must be held by dentists who are directors or employees of the company;
(ii) in the case of a company that is to be registered as a clinical dental
technician-
(A) the sole object of the company must be to practise the
profession of clinical technical dentistry;
(B) the directors of the company must be natural persons who are clinical dental technicians (but where there are only two directors, one may be a clinical dental technician and the other may be a prescribed relative of that clinical dental technician);
(C) no share issued by the company, and no right to participate in the distribution of the profits of the company, is to be owned beneficially otherwise than by a clinical dental technician who is a director or employee of the company, or a prescribed relative of that clinical dental technician;
(D) the total voting rights exercisable at a meeting of the members of the company must be held by clinical dental technicians who are directors or employees of the com- pany;
and
(iii) in either case-

(A) no director of the company may, without the approval of the Board, be a director of any other company that is regis- tered under this section;

(B) where the right of a registered person and of his prescribed relatives to hold shares in the company ceases by virtue of that person ceasing to be a director or employee of the company, his shares and those of his prescribed relatives shall be redeemed by the company, distributed amongst the remaining members of the company, or transferred to a registered person who is to become a director or employee of the company, in accordance with the memo- randum and articles of association of the company;

and

being the spouse of a registered person shall-
20 Dentists Act, 1984
I. upon dissolution or annulment of his marriage with

that person;

or
11. in the case of a putative spouse, upon cessation of
cohabitation with that person,
be redeemed by the company, or distributed amongst the remaining members of the company, in accordance with the memorandum and articles of association of the company;
and
(b) that the memorandum and articles of association are otherwise appropriate to a company formed for the purpose of practising as a dentist or as a clinical dental technician, as the case requires.

(2) Where one or more of the stipulations required by this Act to be included in the memorandum and articles of association of a company registered under this Act are not complied with, the company shall, within fourteen days, report the non-compliance to the Board.

Penalty One thousand dollars.

(3) After receiving a report under subsection (2), the Board may give such directions as are necessary to secure compliance with those stipulations.

(4) The registration of a company that has received a direction from the Board under subsection (3) shall, if the company has not satisfied the Board that it has complied with the direction, be suspended from the expiration of the time allowed by the Board for compliance with the direction and shall remain suspended until the company satisfies the Board that it has complied with the direction.

Returns by companies

46. (1) Every company that is a dentist or a clinical dental technician shall-
(a) within one month after any person becomes or ceases to be a director or member of the company, lodge with the Board a notice stating the full name and usual residential address of that person and the fact that he has become or ceased to be such a director or member;

and

(b) in the month of July in each year, lodge with the Board a return that is in the prescribed form and that complies with the requirements of subsection (2).

Penalty: Two thousand dollars.

(2) The annual return shall state-
(a) the full name and usual residential address of every person who on the thirtieth day of June preceding the lodging of the return was-
(i) a director or a member of the company;
(ii) had a right to participate in the distribution of the profits of the
company;

Dentists Act. 1984

(b) the number of shares in the company held by each such person and the
number of votes that he is entitled to cast at a meeting of members of the
company;
(c) in relation to each member, the qualification by virtue of which he is entitled to be a member of the company;
and
r
(d) all other prescribed information.
Companies not to practise in partnership
47. A company that is registered under this Act shall not practise in partnership with

any other person unless it has been authorized to do so by the Board.

Penalty: One thousand dollars.

Employment of registered persons by company
48. (1) A company that is registered under this Act shall not, for the purpose of its

dental practice, employ a number of registered persons greater than twice the number of

directors of the company.

Penalty: One thousand dollars.
(2) In determining the number of registered persons in the employment of a company for the purposes of subsection (I), any persons who are both employees and directors or the company shall be disregarded.
Criminal liability of directors
49. Where a company that is registered under this Act commits an offence against this Act or against another Act, each person who was a director of the company at the time of the commission of the offence by the company shall be guilty of an offence and liable to the same penalty as that prescribed for the principal offence, unless he proves that he could not, by the exercise of reasonable diligence, have prevented the commission of the offence by the company.
Joint and several liability
50. Any civil liability incurred by a company that is registered under this Act shall
be enforceable jointly and severally against the company and persons who were directors

of the company at the time the liability was incurred.

Alteration to memorandum or articles of association
51. No alteration to the memorandum or articles of association of a company that is

registered under this Act shall be made unless the proposed alteration has been

submitted to, and approved by, the Board.

Penalty: One thousand dollars.

DIVISION VIII-GENERAL

Reinstatement of person on register
52. (1) A person whose name has been removed from a register-
(a) at his request;
22 Dentists Act. 1984
(b) on his failure to pay the annual practice fee,
may apply to the Board at any time for the reinstatement of his name on the appropriate
register.
(2) A person whose registration on a register has been suspended may apply to the Board for the reinstatement of his name on the appropriate register after the period of his suspension has expired.
(3) A person whose registration on a register has been cancelled for unprofessional conduct may apply to the Board for reinstatement of his name on the register, but not before the expiration of two years from the date of cancellation.
(4) Where a person applies for reinstatement of his name on a register, the Board shall, subject to subsection (5 ), grant the application if it is satisfied that-
(a) the applicant has sufficient knowledge and experience of, and is able to exercise the necessary degree of skill required for, the practice of dentistry pursuant to that registration;
and
(b) he is a fit and proper person to be registered under this Act.
(5) Before granting an application under this section, the Board may require the applicant to obtain qualifications and experience specified by the Board and for that purpose may require the applicant to undertake a specified course of instruction and training in dentistry.

(6) Where a person's registration has been suspended by reason of his failure to reside in the Commonwealth, the Board may make his registration, after reinstatement, subject to such conditions relating to residence as it thinks fit.

The registers

53. (1) The registers shall be kept at the office of the Registrar and shall, during office hours, be available for inspection by any person on payment of the prescribed fee.

(2) A registered person shall, within three months after changing his name or his

address, inform the Registrar in writing of the change.

Penalty: One hundred dollars.

(3) The Registrar shall, in January of each year, cause a copy of the registers to be published in the Gazette.

(4) A certificate stating that a person was, at a particular time, registered on a particular register under this Act and purporting to be signed by the Registrar shall, in legal proceedings, in the absence of proof to the contrary, be accepted as proof of that registration.

Pees

54. (1) Subject to this Act, a person shall not be registered or reinstated on a register until he has paid the prescribed registration or reinstatement fee and the prescribed annual practice fee (if any).

(2) Every registered person shall, in each calendar year before the date fixed for that purpose by the Board, pay to the Board the prescribed annual practice fee and the Board may remove from the register the name of a person who fails to do so.

(3) The Governor may, by regulation, exempt a person or a class of persons from the obligation to pay a fee under this section.

Dentists Act, 1984

Removal from register on request
55. The Registrar shall, at the request of a registered person, remove his name from
the register.
Person may not be registered on general and specialist registers at the same time
56. A person shall not be registered on both the general and the specialist registers at the saihe time.
Removal of name from register on suspension
57. Upon the suspension of the registration of a person under this Act, his name shall be removed by the Registrar from the register.
Information to be provided by registered person
58. (1) The Board may, at any time, require a registered person to supply it with

prescribed information relating to his employment and practice in the branch of dentistry

in which he is entitled to practise.

(2) Information provided under this section may be included in the appropriate
register.
(3) A person who fails tocomply with a requirement under this section is guilty of

an offence.

Penalty: One thousand dollars.

24 Dentists Act, 1984

PART IV

PROCEEDINGS BEFORE THE BOARD AND THE TRIBUNAL

DIVISION I-PROCEEDINGS

BEFORE THE BOARD

Inquiries by the Board as to competence
59. (1) A complaint alleging that within a period of two years immediately preced- ing the laying of the complaint a registered person has practised in a branch of dentistry without having or exercising sufficient knowledge, experience or skill may be laid before the Board by-
(a) the Registrar; (b) the Minister;
(c) the Australian Dental Association South Australian Branch Incorporated.
(2) Where a complaint has been laid under this section, the Board shall, unless it

considers the complaint frivolous or vexatious, inquire into the subject matter of the

complaint.

(3) If, after conducting an inquiry under this section, the Board is satisfied that the matters alleged in the complaint have been established, it may, by order, impose conditions restricting the right of the person against whom the complaint was laid to practise dentistry.
Incapacity of registered person
60. Where, on the application of-
(a) the Registrar;
(b) the Minister;
or
(c) the Australian Dental Association South Australian Branch Incorporated,

the Board is satisfied that the ability of a registered person to practise dentistry is impaired by mental or physical incapacity to such an extent that it is desirable, in the public interest, that an order be made under this section, the Board may, by order, exercise one or both of the following powers:

(d) suspend his registration until he has recovered from the incapacity or for such

lesser period as the Board determines;

or
(e) impose conditions restricting his right to practise dentistry.

Obligation to report unfitness

61. (1) Where a medical practitioner is treating a patient who is a dentist, a clinical dental technician or a dental hygienist in relation to an illness that, in the opinion of the medical practitioner, has resulted in or is likely to result in mental or physical incapacity that seriously impairs, or may seriously impair, his patient's ability to practise dentistry, he shall submit a written report to the Board stating-

(a) his reasons for that opinion;
(b) the views of any other medical practitioner in relation to the matter that are
known to him;

Dentists Act, 1984

and
(c) all other prescribed information.
Penalty: One thousand dollars.
(2) The Board shall investigate a report made pursuant to subsection (1).
Power toirequire registered person to submit to examination
62. (1) For the purpose of inquiring into the mental or physical capacity of a registered person under this Division, the Board may (without derogation from its other powers under this Act) order him to submit to an examination by a medical practitioner appointed by the Board.
(2) The Board may suspend the registration of a person wh6 fails to submit to an examination ordered by the Board under subsection (1) and that suspension shall remain in force until he submits to the examination.
Inquiries by the Board in relation to unprofessional conduct
63. (1) A complaint alleging unprofessional conduct on the part of a registered person may be laid before the Board by-
(a) the Registrar,
(b) the Minister;
(c) the Australian Dental Association South Australian Branch Incorporated;
(d) a person who is aggrieved by conduct of the registered person or, where the

person aggrieved is a child or is suffering from a mental or physical

incapacity, by a person acting on his behalf.

(2) Where a complaint has been laid under this section, the Board shall, unless it considers the complaint frivolous or vexatious, inquire into the subject matter of the complaint.
(3) Where a complaint has been laid under this section by or on behalf of an
aggrieved person and the Board is satisfied that the complaint arose from a misapprehen-
sionon the part of the complainant or from a misunderstanding between the parties, it

attend before the Registrar in order to clarify the misapprehension or misunderstanding.	may, before proceeding further 'with the hearing of the complaint, require the parties to
(4) Where, in the course of conducting an inquiry under this section, the Board considers that the allegations or evidence against the registered person are sufficiently serious, it may terminate the proceedings under this section and itself lay a complaint against that person before the Tribunal in relation to those allegations or that evidence.
(5) If, after conducting an inquiry under this section, the Board is satisfied that proper cause to do so has been established, it may reprimand the person against whom the complaint was laid.
Variation, etc., of conditions imposed by Board
64. (1) The Board may, at any time, on application by a registered person, vary or revoke a condition imposed by the Board under this Part or under Part I11 or imposed by this Act, in relation to his registration under this Act.

26 Dentists Act,1984

(2) The Registrar, the Minister and the Australian Dental Association South Australian Branch Incorporated shall be entitled to appear and be heard on an application under this section.

Suspension of registration of non-residents

65. The Board may, on the application of the Registrar, suspend the registration of a person if$he Board is satisfied that he has not resided in the Commonwealth for a period of twelve months immediately preceding the application and such a suspension shall remain in force until he once again resides in the Commonwealth.

Provisions as to inquiries

66. (1) The Board shall give to all of the parties to proceedings under this Division not less than fourteen days written notice of the time and place at which it intends to conduct the proceedings, and shall afford to the parties a reasonable opportunity to call and give evidence, to examine or cross-examine witnesses and to make submissions to the Board.

(2) If a party to whom notice has been given pursuant to subsection (1) does not attend at the time and place fixed by the notice, the Board may proceed to hear and determine the complaint or application in the absence of that party.

(3) In the course of proceedings, the Board may-
(a) receive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the.law of South Australia or of any other State or Territory of the Commonwealth or of another country, and draw any conclusions of fact from the evidence that it considers proper;
(b) adopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings.
DIVISION 11-PROCEEDINGS BEFORE THE TRIBUNAL

Inquiries by Tribunal as to unprofessional conduct

67. (1) A complaint alleging unprofessional conduct-
(a) on the part of a registered person;
or

(b) on the part of a person who was at the relevant time a registered person,

may be laid before the Tribunal by the Board.

(2) Where a complaint has been laid under this section, the Tribunal shall inquire into the subject matter of the complaint.

(3) If, after conducting an inquiry under this section, the Tribunal is satisfied that the registered person or the person who was formerly registered under this Act is guilty of the unprofessional conduct alleged against him-

(a) it may, in the case of a registered person, exercise, by order, one or more of the following powers:
(i) reprimand him;
(ii) order him to pay a fine not exceeding five thousand dollars;

.	(iii) impose conditions restricting his right to practise dentistry;

Dentists Act, 1984

(iv) suspend his registration by removing his name from the appropriate

(v) cancel his registration;
or
(b) it may, in the case of a person formerly registered under this Act, order him to pay a fine not exceeding five thousand dollars.
Variation of conditions imposed by Tribunal
68. (1) The Tribunal may, at any time, on application by a registered person, vary or
revoke a condition imposed by the Tribunal in relation to his registration under this Act.
(2) The Board shall be entitled to appear and be heard on an application under this
section.
Suspension of registration pending determination of complaint
69. Where-
(a) a complaint has been laid before the Tribunal against a person who is registered under this Act and who was registered pursuant to legislation that corresponds to this Act in another State or Territory of the Commonwealth or in another country;
and
(b) the registration of that person in that other State, Territory or country was

suspended or cancelled by reason of conduct that is the subject matter of

the complaint before the Tribunal,

the Board may suspend his registration under this Act pending the determination of the
complaint by the Tribunal.
Provisions as to inquiries

70.

(1)

The ~ r i b u n a l

shall give to the parties to proceedings under this Division not

less than fourteen days written notice of the time and place at which it intends to conduct the proceedings, and shall afford to the parties a reasonable opportunity to call and give evidence, to examine or cross-examine witnesses and to make submissions to the Tribunal.

(2) If a party to whom notice has been given pursuant to subsection (1) does not

attend at the time and place fixed by the notice, the Tribunal may proceed to hear and

determine the complaint in the absence of that party.

(3) The parties to proceedings under this Division shall be entitled to be represented at the proceedings by a legal practitioner.
Principles governing hearings
71. (1) The Tribunal is not bound by the rules of evidence and may inform itself upon any matter as it thinks fit.
(2) Subject to this Act, the procedure of the Tribunal upon the hearing of proceedings under this Act shall be as determined by the Tribunal.
(3) Upon the hearing of proceedings, the Tribunal shall act according to equity, good conscience and the substantial merits of the ease.
28 Dentists Act,1984

Powers of Tribunal

72. (1) For the purposes of proceedings under this Division, the Tribunal may-
(a) by summons signed on behalf of the Tribunal by a member of the Tribunal or

by the Registrar, require the appearance before the Tribunal of any person

or the production to the Tribunal of any relevant books or equipment;

(@ inspect any books or equipment produced to it and retain them for such

reasonable period as it thinks fit, and make copies of the books or of any of

their contents;

(c) require a person appearing before the Tribunal to make an oath or affirmation that he will truly answer all questions put to him relating to any matter in issue before the Tribunal (which oath or affirmation may be administered by a member of the Tribunal or the Registrar);
(d) require a person appearing before the Tribunal to answer any relevant

question put to him by any member of the Tribunal or by a party or person

appearing on behalf of a party to a proceeding before the Tribunal.

(2) Upon the receipt of an application for the issue of a summons under this section, a member of the Tribunal or the Registrar may, without referring the matter to the Tribunal, issue a summons on behalf of the Tribunal.

(3) If a person-
(a) who has been served with a summons to appear before the Tribunal fails, without reasonable excuse, to appear in obedience to the summons;
(b) who has been served with a summons to produce relevant books or equipment fails, without reasonable excuse, to comply with the summons;
(c) misbehaves himself before the Tribunal, wilfully insults the Tribunal or any member of the Tribunal or interrupts the proceedings of the Tribunal;
or
(d) refuses to be sworn or to affirm, or refuses or fails to answer truthfully any relevant question, when required to do so by the Tribunal,

he shall be guilty of an offence and liable to a penalty not exceeding five thousand dollars

or imprisonment for three months.

(4) A person who appears as a witness before the Tribunal has the same protection as a witness in proceedings before the Supreme Court.

(5) If a person summoned as mentioned in subsection (1) fails to produce any books or equipment or to appear before the Tribunal as required by the summons or, having appeared, refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Tribunal, a certificate of the failure or refusal, signed by a member of the Tribunal or by the Registrar, may be filed in the Supreme Court.

(6) Where a certificate has been filed under subsection (5), a party requiring the production of books or equipment or the appearance of a person before the Tribunal may apply (either ex parte or on notice) to the Supreme Court for an order directing the production of the books or equipment or that that person attend, or be sworn or affirm, or answer questions (as the case may require) and on that application the Court may make such orders as it thinks fit (including orders for costs).

Dentists Act, 1984

(7) A person may be required to answer a question by the Tribunal notwithstanding that the answer to that question might tend to incriminate him, or to produce any books or equipment notwithstanding that they might tend to incriminate him, but if that person objects to answering any question a note of that objection shall be taken down, and the answer shall not be admissible against him in any criminal proceedings (except in proceedings for perjury).

(8) $I

the course of an inquiry, the Tribunal may-

(a) receive in evidence a transcript of evidence taken in proceedings before a court, tribunaf or other body constituted under the law of South Australia or of any other State or Territory of the Commonwealth or of another country, and draw any conclusions of fact from the evidence that it considers proper;
(b) adopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings.
Costs
73. (1) The Tribunal may award such costs against a party to proceedings before it as the Tribunal considers just and reasonable.
(2) If a party is dissatisfied with the amount of the costs fixed by the Tribunal, he may request a master of the Supreme Court to tax the costs and, after taxing the costs, the master may confirm or vary the amount of the costs fixed by the Tribunal.
(3) Subject to this section, costs awarded by the Tribunal under this section may be recovered as a debt.
Rules of the Tribunal
74. The Tribunal may make rules for any of the following purposes:
(a) regulating the practice and procedure of the Tribunal;
(b) making any other provision that is necessary or expedient for carrying into effect the provisions of this Division relating to the Tribunal.
30 Dentists Act. 1984

PART V

APPEALS TO THE SUPREME COURT

Appeal to Supreme Court
75. (1) Subject to subsection ( 2 ), a right of appeal to the Supreme Court lies
against-
(a) a refusal by the Board to register or to reinstate registration under this Act or the imposition by the Board of conditions in respect of registration;
and
(b) a reprimand or order administered or made by the Board or the Tribunal in proceedings under Part IV.
(2) An appeal must be instituted within sixty days of the date of the decision appealed against, but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be instituted within that time.
(3) The Supreme Court may, on the hearing of an appeal, exercise any one or more of the following powers:
(a) affirm, vary or quash the decision, reprimand or order against which the

appeal has been instituted and make any consequential or other order that

may be just in the circumstances;

(b)	remit the subject matter of the appeal to the Board or the Tribunal (as the case may be) for further hearing or consideration or for rehearing;

(c) make any order as to costs.

(4) When ordering the remission of the subject matter of an appeal to the Board or the Tribunal for rehearing, the Court may disqualify a member from rehearing the matter and, in that case, the deputy of that member may, if he is not also disqualified, take the place of that member for the purpose of the hearing.

Operation of order may be suspended

76. (1) Where an order has been made by the Board or the Tribunal, and an appeal

against the order has been instituted, or is intended, the operation of the order may be

suspended until the determination of the appeal.

(2) A suspension under subsection (1) may be terminated-
(a) if the intended appeal is not in fact instituted;
(b) if the appeal is withdrawn or lapses.
(3) A suspension may be granted or terminated under this section-

(a) where the order was made by the Board-by

the Board;

(b) where the order was made by the Tribunal-by	the Tribunal;
or

the Supreme Court.

Dentists Act, 1984

3 1

Variation of conditions imposed by the Court
77. (1) The Supreme Court may, at any time, on application by a registered person,

vary or revoke a condition imposed by the Court in relation to his registration under this

Act.

(2) The Board, the Minister and the Australian Dental Association South Australian Branch Incorporated shall be entitled to appear and be heard on an application under this sectiQn.
32 Dentists Act,1984

PART VI

MISCELLANEOUS

Practitioners to be indemnified against loss'

78. (1) A dentist or a clinical dental technician shall not practise as such unless he is insured in a manner and to an extent approved by the Board against civil liabilities that

might beincurred by him in the course of his practice.

Penalty: Five thousand dollars.

(2) The Board may, subject to such conditions as it thinks fit, exempt a person, or a class of persons, from the requirements of this section and may, whenever it thinks fit, revoke an exemption or revoke or vary the conditions under which an exemption operates.

Penalty for breach of condition

79. A person who contravenes, or fails to comply with, a condition imposed by or

under this Act in relation to his registration under this Act is guilty of an offence.

Penalty: Five thousand dollars.

Information relating to claim against a registered person to be provided

80. Where a person has claimed damages or other compensation from a registered

person for alleged negligence committed in the course of dental practice, the registered

person concerned shall within thirty days after-

(a) he is orderea by a court to pay damages or other compensation in respect of
that claim;
(b) he agrees to pay a sum of money in settlement of that claim (whether with or without a denial of liability),

provide the Board with prescribed information relating to the claim.

Penalty: Five thousand dollars.

Service

81. A notice or other document that is required by this Act to be given or served on a registered person shall be properly given or served if it is sent by certified mail to him at his address appearing in the register.

Procurement of registration by fraud

82. A person who by fraud or any other dishonest means procures his registration or the registration of another person under this Act (whether that registration is procured on initial application or on application for reinstatement of registration) shall be guilty of an offence.

Penalty: Five thousand dollars.

Punishment of conduct that constitutes an offence

83. Where conduct constitutes an offence and is also a ground for disciplinary action under this Act, the taking of disciplinary action under this Act is not a bar to conviction and punishment for the offence, nor is conviction and punishment for the offence a bar to disciplinary action under this Act.

'S. 78 had not been brought into operation at the date of this reprint.

Dentists Act, 1984

Offences
84. Offences against this Act shall be disposed of summarily.
Employment of persons by the South Australian Dental Service Incorporated
- 85. (1) The South Australian Dental Service Incorporated may provide dental
treatment to children through the instrumentality of dental therapists if-
(i5 the provision of the dental treatment is under the control of a dentist;
and
(ii) the child has, before the commencement of his first course of treatment by a
dental therapist after he attains the age of thirteen years, been examined by
a dentist employed by the South Australian Dental Service.
(2) In this section-
"dental therapist" means a person who has qualifications and experience deter-
mined by the Minister.
Regulations
86. (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.

(2)	Without Iimiting the generality of the foregoing, those regulations may-

(a) prescribe qualifications, experience and other requirements for registration of any person or class of persons on a register;
(b) prescribe rules of conduct to be observed by registered persons;
(c) prescribe the manner in which dentists may nominate members for appoint-
ment to the Board;
(d) prescribe (or empower the Board to prescribe) fees or charges for the purposes of this Act and may provide for the recovery of a fee or charge so prescribed;
(e) prescribe information to be included in a register maintained under this Act;
(fl prescribe forms for the purposes of this Act;
(g) regulate, restrict or prohibit the publication of advertisements by or on behalf of registered persons;

(h) prescribe requirements to be observed by companies registered under this Act;

and

(i) prescribe penalties, not exceeding five thousand dollars, for breach of, or non-compliance with, a regulation.
(3) This section is in addition to, and does not derogate from, any other provision of this Act providing for the making of regulations.
34 DentistsAct. 1984
APPENDIX
Legislative History

Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this

Act contained in Volume 3 of The Public General Acts of South Australia 1837-1975 at page 441.

Section 38(1):

amended by 61. 1989, s. 2