Dentists Registration (Amendment) Act 1982 (ACT)

Dentists Registration (Amendment) Ordinance

1982

No. 29 of 1982

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following

Ordinance under the Seat of Government (Administration) Act 1910.

Dated 25 June 1982.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

J. J. CARLTON

Minister of State for Health

An Ordinance to amend the Dentists Registration Ordinance 1931

Short title

1. This Ordinance may be cited as the Dentists Registration (Amendment)

Ordinance 1982.1

Commencement

Ordinance on the date specified in the certificate.".
2. This Ordinance shall come into operation on such date as is fixed by the Minister of State for the Capital Territory by notice published in the	Gazette.
Principal Ordinance
3. In this Ordinance, "Principal Ordinance" means the Dentists	Regis­

tration Ordinance 1931. 2

Qualifications for registration

4. Section 22 of the Principal Ordinance is amended by inserting after sub­ section (7) the following sub-section:

"(8) A certificate of registration issued under sub-section (6) is evidence
that the person specified in the certificate was registered as a dentist under this

5. After section 23A of the Principal Ordinance the following sections are

inserted:

Change of address of registered dentist to be notified

"23AA. Where

(a)	a change occurs in an address of a registered dentist entered in the Register or furnished to the Board under section 23A; or
(b)	a registered dentist establishes a professional address in the Territory,

the registered dentist shall, within one month of the change or establishment, as

the case may be, notify the Chairman in writing accordingly.

Penalty: $100.

Provisional registration
" 2 3 A B . (1) Where a person who has applied for registration as a dentist under this Ordinance applies for provisional registration as a dentist and pays the prescribed fee for provisional registration, the Chairman may grant pro­ visional registration as a dentist to the person.
"(2) Provisional registration granted under this section shall, subject to sub-section (3), remain in force for a period of 3 months from the date of the grant and shall not be renewed.
"(3) Where, within the period of 3 months referred to in sub-section (2), the Board makes a decision on the application for registration as a dentist, the provisional registration ceases to be in force.
Temporary registration
"23AC. (1) A person may apply to the Chairman for temporary registration as a dentist if the person—

(a)	is entitled to practise as a dentist in a State or another Territory; and
(b) intends to practise as a dentist, other than a registered dentist, in the Territory on behalf of a registered dentist.

"(2) Subject to this section, the Chairman may grant temporary registration on an application made under sub-section (1) where he is satisfied that the prescribed fee has been paid.

"(3) Temporary registration granted under this section shall remain in force for a period of 3 months from the date of the grant and, subject to this section, may, upon application by the person to whom temporary registration was granted and payment of the prescribed fee, be renewed for a further period of 3 months.

"(4) Temporary registration shall not be granted or renewed under this section where the applicant has been temporarily registered for a total period of 6 months during the period of 24 months immediately preceding the date of his application for temporary registration, or renewal, as the case may be.

Special registration

"23AD. (1) This section applies to a person who—

(a)	is entitled to practise as a dentist in a place outside Australia; and
(b)	is visiting the Territory in connection with research into, or dissemination of knowledge of the theory or practice of, dentistry.

"(2) Upon application made to the Board on behalf of a person to whom this

section applies by—

(a)	a university, college of advanced education or other educational institution; or
(b)	a professional association whose objects include the promotion of research into, or dissemination of knowledge of the theory or practice of, dentistry,

and on payment of the prescribed fee, the Board may grant special registration

to the person.

"(3) Special registration granted under this section—

(a)	shall remain in force for such period, not exceeding 12 months, as the Board specifies;
(b)	may be renewed, on payment of the prescribed fee, for a further period of 12 months; and
(c)	may be granted subject to such restrictions and conditions as the Board thinks fit.

Effect of provisional, &c. registration

"23AE. Subject to paragraph 23AD (3) (c), a person who has been granted provisional, temporary or special registration as a dentist under this Ordinance shall, while the registration is in force, be deemed to be a registered dentist for the purposes of Part IV.

Alteration of Register

"23AF. (1) The Board shall cause to be removed from the Register the name of a registered dentist who has died.

"(2) The Board may, from time to time, at the request of a person or of its own accord, make such other alterations to particulars in the Register as are necessary.

"(3) The Board shall not make an alteration to particulars in the Register at the request of a person unless it is satisfied that the prescribed fee has been paid.".

Registration of dental assistants

6. Section 23E of the Principal Ordinance is amended by adding at the end thereof the following sub-section:

"(3) A certificate issued under sub-section (2) is evidence that the person specified in the certificate was registered as a dental assistant under this Ordinance on the date specified in the certificate.".

7. After section 23F of the Principal Ordinance the following sections are

inserted:

Change of address of registered dental assistant to be notified

"23FA. (1) Where

(a)	an address entered in the Register of Dental Assistants, or furnished to the Board under section 23F, as an address of the person by whom a registered dental assistant is employed ceases to be such an address; and
(b)	the registered dental assistant continues to be employed as a dental assistant,

the registered dental assistant shall, within one month, notify the Chairman in writing accordingly and specify in the notice the address of the person by whom he is employed.

"(2) Where a registered dental assistant ceases to be employed as a dental
assistant he shall, within one month of ceasing to be so employed, notify the
Chairman in writing accordingly and specify in the notice his place of residence.

"(3) Where a registered dental assistant who was not employed as a dental assistant becomes so employed he shall, within one month of becoming so employed, notify the Chairman in writing accordingly and specify in the notice the address of the person by whom he is employed.

Penalty: $100.

Alteration of Register of Dental Assistants

"23FB. (1) The Board shall cause to be removed from the Register of Dental Assistants the name of a registered dental assistant who has died.

"(2) The Board may, from time to time, at the request of a person or of its own accord, make such other alterations to particulars in the Register of Dental

Assistants as are necessary.

"(3) The Board shall not make an alteration to particulars in the Register of Dental Assistants at the request of a person unless it is satisfied that the prescribed fee has been paid.".

Registration of dental hygienists

8. Section 23K. of the Principal Ordinance is amended by adding at the end thereof the following sub-section:

"(3) A certificate of registration issued under sub-section (2) is evidence that the person specified in the certificate was registered as a dental hygienist under this Ordinance on the date specified in the certificate.".

9. After section 23L of the Principal Ordinance the following sections are

inserted:

Change of address of registered dental hygienist to be notified

"23LA. (1) Where -

(a)	an address entered in the Register of Dental Hygienics or furnished to the Board under section 23L, as an address of the person by whom a registered dental hygienist is employed ceases to be such an address; and
(b)	the registered dental hygienist continues to be employed as a dental hygienist,

the registered dental hygienist shall, within one month, notify the Chairman in writing accordingly and specify in the notice the address of the person by whom he is employed.

"(2) Where a registered dental hygienist ceases to be employed as a dental hygienist he shall, within one month of ceasing to be so employed, notify the Chairman in writing accordingly and specify in the notice his place of residence. "(3) Where a registered dental hygienist who was not employed as a dental
hygienist becomes so employed he shall, within one month of becoming so employed, notify the Chairman in writing accordingly and specify in the notice the address of the person by whom he is employed.

Penalty: $100.

Alteration of Register of Dental Hygienists

"23LB. (1) The Board shall cause to be removed from the Register of Dental Hygienists the name of a registered dental hygienist who has died.

"(2) The Board may, from time to time, at the request of a person or of its own accord, make such other alterations to particulars in the Register of Dental Hygienists as are necessary.

"(3) The Board shall not make an alteration to particulars in the Register of Dental Hygienists at the request of a person unless it is satisfied that the prescribed fee has been paid.".

10. Sections 25, 27, 28 and 29 of the Principal Ordinance are repealed and

the following sections substituted:

Return of certificates of registration by persons no longer registered

"25. (1) Where a person ceases to be registered as a dentist, dental assistant or dental hygienist under this Ordinance, the Board may, by notice in writing given to the person at his address as last recorded in the Register of Dentists, Register of Dental Assistants or Register of Dental Hygienists, as the case may be, or at his last known place of residence, require him, within one month after receipt of the notice, to deliver his certificate of registration to the Board.

(2) A person shall not fail to comply with a notice given under sub-section

(1).

Penalty: $100.

(3) Sub-section (2) does not apply in relation to a person who satisfies the

Board that

(a)	the certificate has been destroyed; or
(b)	after diligent search, the person has been unable to find the certificate.

Duplicate certificates

"26. Where—

(a)	a certificate issued under sub-section 22 (6), 23E (2) or 23K (2) has been destroyed or lost; and
(b)	the person to whom the certificate was issued continues to be registered as a dentist, dental assistant or dental hygienist under this Ordinance,

the Board shall, on payment of the prescribed fee, cause to be issued to the registered dentist, dental assistant or dental hygienist to whom the certificate was issued a duplicate certificate.

Inspection of registers
"27. (1) A person may, on payment of the prescribed fee, inspect an entry in the Register of Dentists, the Register of Dental Assistants or the Register of Dental Hygienists.

"(2) A person may, on payment of the prescribed fee, obtain a certified copy of an entry in the Register of Dentists, the Register of Dental Assistants or the Register of Dental Hygienists.
"(3) The Board may, on request by the registration authority of a State, Territory or place outside Australia and without payment by the registration authority of a fee, forward a certified copy of the Register of Dentists, the Register of Dental Assistants or the Register of Dental Hygienists to that registration authority.

"(4) In this section, 'registration authority' means a person or body empowered by or under the law of a State, Territory or place outside Australia to register dentists, dental assistants or dental hygienists or otherwise authorize persons to practise as dentists, dental assistants or dental hygienists.".

Repeal of section 29A

11. Section 29A of the Principal Ordinance is repealed.

Repeal of section 32

12. Section 32 of the Principal Ordinance is repealed.

Repeal of section 34A

13. Section 34A of the Principal Ordinance is repealed.

Appeal

14. Section 38B of the Principal Ordinance is amended—

(a) by omitting paragraph (e) and substituting the following paragraph:

"(e)	refusing to grant special registration to a person under section
23AD or refusing to renew special registration granted to a
person under that section; or"; and

(b) by adding at the end thereof the following sub-section:

"(2) Application may be made to the Tribunal for review of a decision by the Chairman refusing to grant temporary registration to a person under section 23AC or refusing to renew temporary registration granted to a person under that section.".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 June 1982.

2.    No. 8, 1931 as amended by Nos. 5 and 17, 1932; No. 22, 1933; No. 20, 1935; No. 27, 1937; No. 10, 1954; No. 21, 1959; No. 4, 1963; No. 19, 1966; No. 16, 1967; Nos. I and 38, 1970; No. 17, 1975; No. 65, 1977; No. 46, 1978; Nos. 26 and 31, 1979; No. 46. 1980; Nos. 45 and 47, 1981.