The Dentists Act 1902 (SA)

ANNO SECUNDO

A. D. 1902.

No. 813.

An Act relating to the Practice of Dentistry.

[Assented to, November y th, 1902.1

W HEREAS it is expedient that provision be made for the regis- Preamble.

tration of persons qualified to practise as dentists within the State of South Australia-

Be it Enacted by the Governor, with the advice and consent of the Parliament of South Australia, as follows:

PART I. PAST I.

A-813

PRELIMINARY.

1, This Act may be cited as " The Dentists Act, 1902." short title.

2. 'I'his Act is divided into four Parts, relating to the following D i ~ i G ~ n o f Act into

parts.

subject matters :-

PART.	~.-Preliminary:
PART	I [.-Dental Board and Officers:
PART	111. -- Registration:

3. In the construction of this Act the following terms shall, if Intarpratatior. c l a w.

not inconsistent with the context, have the respective meanings

hereby assigned to them, that is to say-

', Board " shall mean the Dental Board appointed under the "DedBard"

provisions of Part 11. of this Act: Dentist "

' 2 EDWARDI VII, NO. 813.

The Dentists Act.-1902.

PART 1. '' Dentist " shall mean a person entitled to be registered under

" Dentist." Part 111. of this

Minister." " Minister" shall mean the Minister of t l ~ e Crown for the time

being administering this Act:

Register." " Register " shall mean the Dentists' Register for qualified dentists

to be kept in pursuance of the provisions of Part HI. of this

Act:

Registrar." Registrar " shall mean the Registrar appointed under the pro-

visions of Part IT. of this Act:

Anmsthetica." " Anaesthetics " shall mean ether, chloroform, cocaine except in local anaesthetic preparations in which the proportion of cocaine is less than five per centum of the whole, or ACN mixture.

PART 11.

DENTAL BOARD AND OFFICERS,

Appointment of

Dental Board. 4. The Governor may appoint a Board, consisting of two legdlly

qualified medical practitioners and four del i tists qualified for regis- tration two of whom shall bc qualified by diploma, under the style of "The Dental Board of Sorith Austrdia " The members of the first Hoard shall hold office for not more than two years, but at the expiration of such time it shall be lawful for the Governor to appoint a Board similarly qualified for a further period of three years.

Expirationof termof	5. Any person- appointed or elected a member of the Board shall, upon the expiration of the term for which he was so ap- pointed or elected, be eligible for reappointment or re-election. 'the Governor may from time to time remove any member of the Board.
office and removal of
members.

President and 6. The members of the Board shall elect one of their number as

quorum.

President, who, when present, shall preside at all meetings of the

Board; in the event of his absence one of the members present shall

be elected chairman of that meeting. A quorum of the Board

shall consist of not less than three members.

First members, 7. If any vacancy occurs in the office of member of the Board

vacancy how filled. the Governor may fill such vacancy bp appointing without previous election any registered dentist or medical man, according to the vacancy to be filled, and the person so appointed shall hold office until the expiration of the term for which the member whose place became vacant was appointed or elected.

(1) On the expiration of five years, and on the expiration of every succeeding three years thereafter, the Governor shall, in manner hereinafter provided, appoint a Board, to hold office for three years, and to consist of six members, of whom four shall be registered dentists and shall also poss~*ss dil~lomas recognised by

8,

the Board, and two shall be legally qualified mrdical practitioners.

(2) The

2" EDWARDI VII, No. 813.

The Dentists A c t. 1 9 0 2

(2) The members of the Board who are legally qualified medical PART 11.

Method of nomination the Hoard shall be nomi~atcd for appointment on bemg elected by the dentists registered under this ,Act, each of whom shall have one vote; and the result of such election shall be certified to the Governor by the Registrar.

practitioners shall be nominated for appointment by the South 9us-

tralian Medical Board, and such aom&&ion shall t;e certified to the ~, " ~ ", ~ ~ ~ ~ ~, "

(3) All the elections s11alI be held in the manner ~rescribed bv Elections to be held \ I L

regulations, and all the nominations shall be malle to the Governor Rgulation and ' as prescribed by

on or before a day to be named in a notice in the Go uetw men t Gazette. sione failing nomina-

signed by the hiinister, calling on the several bodies to exercise tion.

their respective rights of nomination before the day named: Pro- vided that if the said several bodies, or either of them, shall fail to exercise their respective rights of nomination before the day named in such notice, such rights of nomination shall, for the time being, lapse, and it shall be lawful for the Governor to appoint a member or members without nominatim, who shall hold office during the same period and in all respects as if they had been appointed on the nomination of the bodies failirig to nominate as aforesaid.

9. l'he Board shall, at such times as are prescribed by the Examinations.

Governor, hold examinations for the purpose of testing the fitness of persons applying to be registered under this Act, and may grant certificates of fitness to those who have satisfied the Board thereof on examination. The Board shall admit to the examinations held by them under this section any person desirous of being examined who has attained the age of twenty-one years and has complied with the regulations in force (if any) made by the Board as to the education of such persons.

10. The Board may from time to time appoint a Registrar Board may appoint

and any officers they may think fit for the purposes of this by-kn. officere and make

Act, and may at any time I-move any person so appointed; and may from time to time, subject to the approval of the Governor, make, alter, and repeal by-laws regulating their proceedings and sittings and the election of a president, and generally as to the conduct of their business.

PART 111. P ART I

REGISTRATION.

Dentists' Register," and the register shall contain, in one alpha- regbter. 11. A register shall be kept by the Registrar, to be called the Conhntaand fom of

betical list according to surnames, the names of all dentists who are registered under this Act, and shall state the full names and addresses of the registered persons, the description and date of the qualifications in respect of which they are registered, and, subject

to

EDWARDI VII, No.

The Dentists A c t. 1 9 0 2.

PART 111. to the provisions of this Act, shall contain such particulars and be in such form as the Governor from time to time diiects; and the register shall bc open to inspection by the public on payment of

Fee for inspection. the fees prescribed in the First Schedule hereto.

Correctionofregi8ter. 12. 'The Registrar shall from timc to timc insert in the register

any alterations which come to his knowletlgc in the name or address of any person registered thcrein, and he shall eras2 from the register the name of every deceascd person; and in the execution of these duties the Registrar shall act in each case on such evidence as to him appears sufficient.

EmsingfromDentists'	Register name of 13. The Board, with the approval of the Governor, shall cause to
Lf crime. fraudulently made. If m y perso; registered under this Act has, Dractitioner convicted be erased from the register any entry which has tjeen incorrectly or

after the passing thereof, or after he is so r e & ~ r d, been convicted, either in His hlaiestv's dominions or elsewhere. of an offence which

if committed in @ouch Australia would be a felony or a misdemeanor,

such person shall be liable to have his name crasnd from the register. The Board may cause inquiry to be made in the case of a person alleged to be liable to have his name erased under this section, and on proof of such conviction shall makc reprrscntation of the same to the Governor, who may thereupon direct the Registrar to erase the name of such person from the register: Provided that the name of a person shall not be erased under this section on account of a conviction for a political offence out of His Majesty's dominions.

Copies of register to

be evidence 14. A true copy of the register aforesaid, certified by the Registrar

to be a true copy, shall in the month of January in each and every year be sent to the Minister, and shall by him bc published in the Govrrnment Gazette, and any printed documents under the hand of any member of the Board or the Ibgistrar pu~porting to be a copy of such register shall be primci facie evidence in all Clourts of law in all legal proceedings whatsoeve;, and before all Justices and others, that

the persons therein specified are registered according to the provi-

the latest of such printed copies tor the time being shall be prinld	sions of this Act; and the absence of the name of any person from
facie evidence, until the contrary be made to appear, that such person is not so registered: Provided that, in the case of any person whose name does not appear in such copy, a certificate under the hand of the Registrar to the effect that such person is registered under this Act shall be evidence that such person is so registered.

Certificate of re&-

tnrtion. 15. On application made to him at any time for that purpose the

Registrar shall issue to any applicant entitled thereto a certificate to the effect that he is registered under this Act.

Penalty on un-

registered persons 16. From and after the first day of January, one thousand nine

ualng the title of hundred and three, no person shall take or use the name or title

dentiet," &C.

" dentist," " dental surgeon," L: surgeon dentist," or " dental prac-

titioner," or combine any of the said titles with any term or description

implying

2" EDWARDI VII, No. 813.

The Dentists A c t. 1 9 0 2.

implying that he or she is a person registered under this Act, or that

PART 111.

he or she is a person qualified to practise dentistry, nor shall any person use the word dental " or -any words implying that dental operations are performed or carried on by him or her, unless regis- tered under this Act; nor shall any person or persons use the word "dental" or similar word, or any wird or words-implying that dental operations are performed or carried on by a company, society, institute, school, college, or other plurality of persons, unless he or they are so practisingkt the of this A& and are registered under this Act: Penalty, not less than Five Pounds and not exceed- ing Fifty Pounds. Any person who, at the passing of this Act, does not hold, and who falsely claims to hold, a degree, licence, certificate, membership, or other title, status, or docriment granted by a university, college, or other public institurion which is rscog- nised by the Board as entitling the holder thereof to practice dentistry; and any registered deitist who shall use any description to which he is not properly entitled as an addition to his name-plate or sign, or in advertisements published'bv him, shall, on conviction, be liible to a penalty of not fess than ~ i; e Pounds and not exceed- ing Fifty Pounds.

17. No person registered under this Act shall authorise or permit Unregistered perhona not to perform

any unregistered person to perform any dental or surgical opera- op,.atio,,8.

tion which has been entrusted to or is in chaige of such registered

person unless under his or her immediate supervision: Penalty, not

less than Five and not exceeding Twenty Pounds.

18. From and after the passiug of this Act, no person shall be U cannot nregistered recover persona fees.

entitled to recover any fee or charhe in any Court of law for the V performance of any hental operation. or .for any dental attend- ance or advice, or shall hold any appointment as a dentist, or dental practitioner. or dental suigeon in any private or public institution, unless he is registered under this Act or is a legally

qualified medical practitioner.

19, .\ n y person who is cz licentiate in dental surgery of- necessary for Qualification

( A ) The Royal College of Surgeons of England:	registration.
(B) The Royal College of Surgcons of Edinburgh:
(c) The Royal College of Surgeons, Ireland:
(D) The Faculty of Physicians, Glasgow:
(E) The Dental College, Sydney:
(F) The University of Birmingham;

or who-

(a) Holds such diploma, certificate, or other title, status, or document as may be recognised for the time being by the Board as entitling the holder thereof to practise - dentistry or dental surgkry:

( b ) Was,

8 ' 2 EDWARDI VII, No. 813.

The Dentists Act. -1902. --p

( b ) Was, on or before twenty-first day of November, one thousmd nine hundred and one, bond Jide engagc.d as a principal in the practice of dentistry or dental surgery in South Australia:

(c) Is registered or entitled to be registered in the United Kingdom as a graduate in dentistry of a medical school or university granting degrees in dentistry upon a curri- culum and examination:

(d) Has been bond Jide an assistant for three years before the twenty-first day of November, one thousand nine hun- dred and one, and has complied with an examination by the Board, and shall produce or transmit to the Registrar information of his name and address:

( e ) Has attained the age o f twenty-one years, and shall have been a pupil or apprentice for a period of' not less than one year before the passing of this Act to a dental practitioner entitled to be registered under this Act, and shall produce or transmit to the Registrar information of his name and address: Provided that such pupilage or apprenticeship shall have been for a period of three years at least, and shall have expired before he shall be entitled to be so registered:

df) Presents to the Board a certificate from the University of Adelaide that he is competent to practice as a dentist: Provided that no such certificate shwll be given unless a Chair of Dentistry is established at the said University:

shall be entitled to registration: Provided that he or she makes application for re5istration in form of the proper Schedule for same, and as to an3 existing company now incorporated, or which shall be incorpor ~ ted within one month of the passing of this Act, or their successors or assigns, whose objects are the carrying on of

and things of and incidental to obtaining registration may be made	the profession of a dentist, such application and all acts, matters,
and done by some person authorised by the company to make and do the same; and the company shall be entitled to registration as a dentist under this Act upon proof to the Board that the operator of the company is registered as a dentist under this Act, and such registration shall continue so long as the company shall employ a dentist duly qualified under this Act.

Board to state

reaeons for refusing	20. If any person is refused registration under this Act the Board shall, if required by him, state in writing the reason for such refusal; and such person may appeal to the Local Court
registration.
Appeal to Local	of Full Jurisdiction of Adelaide, and such Court, shall, for the
Court.	purposes of such appeal, be presided over by a Judge of the Supreme Court, and may, after hearing the Board, dismiss the appeal or order the Board to register the applicant, and such order shall be obeyed.

21. When

2' EDWAKDI VII, No. 813.

The Dentists A c t. 1 9 0 2.

21. When a person entitled to be registered under this Act complies with all the requirements of this ,4ct or any regulations Regietration. made thereunder, he shall be registered, and such registration shall consist in the entry by or on behalf of the Registrar in the register of his or her name and address and other particulars required. A person resident in South Australia shall not be disqualified for being registered by reason only that he is not a British subject. PAET 111.

PART IV. PART IT.

MISCELLANEOUS.

22. Any person who wilfully procures or attempts to procure Obtaining regietra-

himself or any other person to be registered under this Act by ~	~	~	~	~	~	~	1	'
making or producing 01: causing to he made or produced any false or fraudulent representation or declaration, either verbally or in writing, shall be deemed guilty of a misdemeanor, and shall, on con-

viction thereof, be liable to be impriso~ied	for any term not exceed- Penalty.
ing one year.

23. The Board may question any person or witness who attends Power to emmine witnesses, and

before it, and may examine any person upon oath or take a solemn pennlty for false

declaration from such person; and if any person shall wilfully, know- statement8.

ingly, or corruptly make any false statemetit up ox^ such examination

or in such declaration, or utter or attempt to utter, or put off as true

before the said Roarcl any false, forged, or counterfeit certificate,

diploma, licence, letter, tedtimonial, or other doculhent or writing,

shall be guilty of a misdemeanor, and, being thereof duly convicted,

shall be liable to be imprisoned for any period not exceeding one

pear.

24. No registered dentist or other person, unless he is a legally Administration of nnestbetic.

q u dified medical practitioner or holds a professional degree in dental surgery recognised by the Board or 'holds a certificate from the Board after examination, shall at any dental operation administer any ansesthetic except in the presence of a duly qualified medical practitioner. Every offence against this provisiori of this Act shall be punishable bv a fine not exceeding Twenty Pounds.

25. The fees mentioned in the First Schedule to this Act shall Feee-

be payable to the Kegistrar, and shall be applied by the Board in

How applied.

such manner as they think fit in defraying expenses and carrying

out the provisions of this Act.

26, (1) The Governor is hereby empowered to make and issue Regulations.

regulations not inconsistent with &nd subject to the provisions of this Act for the more effectual carrying into effect the objects an41 purposes of this Act.

( 2 ) *ll

2" EDWARDI VII, No. 813. p-p -

The Deutists A c t. 1 9 0 2.

PART rv. (2) All such regulations shall be laid before both Houses of

TO be laid M O ~

Parliament within fourteen days from the making thereof if Parlia-

Parliament.

ment is then in Session, and i/: not then within fourteen days after

the commencement of the next Session.

To be published in

Qazefts. (3) All such regulations shall afterwards be published in the

Gazette, and shall take effect from the date of such publication, unless otherwise provided in such regulations; and in all legal pro- ceedings the production of the Gazette containing any such regula- tions shall of itself be sufficient prim& facie evidence that such regulations have been duly made. No regulation which shall be disapproved of by Parliament shall continue to have any force or effect, notwithstanding any publication as aforesaid.

Dechrationas how to

be made.	27. All declarations to be made by any person under the provi- sions of this Act may be made before a Justice of the Peace, Notary Pnblic, or Commissioner for taking Affidavits in the Supreme Court of the State.
Summary p ~ e d u r e -	28. All proceedings fol- the recovery of any pecuniary penalty imposed by this Act for any omission, default, act, or offence shall be had and taken and may be had and determined in a summary way by any Speci3l Magistrate or two Justices of the Peace for the State under the provisions of Act No. 6, of 1850, or of any other Act for the time being in force relating to the duties of Justices of the Peace with respect to summary convictions and orders, and all convictions and orders may be enforced as in such Act is or shall be provided.
Appeal.	29. (1) There shdl be an appeal from any conviction by any Special Magistrate or Justices for any offence against this Act, or from any order dismissing any information or complaint, which asppeal shall be to the Local Court of Adelaide of Full Jurisdiction.

(2) The proceedings on such appeal shall be conducted in manner provided for appeals to Local Courts by the said Act No. 6 of 1850,

or any Act for the time being in force regulating such appeals; and the Local Court hearing such appeal may make such order as to the payment of the costs of appeal as i t shall think fit, although such costs may exceed Ten Pounds.

Local Court may state

special WM. 30. The Local Court, upon the hearing of any appeal, may state

a special case for the opinion of the Supreme Court, and the Supreme court shall hear and decide such special case according to the-prac- tice of the Supreme Court on special cases, and may make any order

as to the cost of the proceedings in that Court and in the Court

below.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

S. J. W AY, Lieutenant-Governor.

SCHEDULES,

2' EDWARDI VII, No. 813. -

The Dentists A c t. 1 9 0 2.

SCHEDULES.

FIRST SCHEDULE. S t. d.

On application for registration ................................... 3 3 0

Certificate of registration ........................................ 0 5 0

Inspection of register ............................................ 0 5 0

Alteration of register.. .......................................... 0 5 0

Fee for examination ............................................ 6 6 0

SECOND SCHEDULE.

Declaration required to be made by ally Person claiming to be Registered opa the ground that he was bonh fide Engaged in the Practice of Dental Surgery or L)entistry i n Sou th Australia on .or before November 21st, 1901.

1, , residing at , hereby declare that I was

b o n d j d e engaged in the practice of	dental surgery, or dentistry, in South Australia on
or before November 21st, 1901.

[Signed]

Declared at , this day of , l 9 ,

before me.

THIRD SCHEDULE.

Declaration required to be made by a n y Person claiming to be Registered on the ground that he i s Registered or entitled to be Registered ita the United K i ~ g d o m as a Dentist QuaZz;lied by Diploma under the provisions of Section 19, Sub-section ( c ), o f " The Dentists A c t, 1902."

1, , residing at , hereby declare that I am

registered for entitled to be registered) in the United Kingdom in accordance with

the provisions of section 19, sub-section fc), of "The Dentists Act, 1902."

[Signed]

Declared at , this day of , 19 ,

before me.

FOURTH SCHEDULE.

Declaration required to be made by a n y Person claiming to be Registered on the

ground that he or rhe .was bonh fide Engaged ar a n Assistant in Dental

Surgery before A'ovcmber 'Lid, 1901, in accordance wi th the provisions o f

Section 19, Sub-section f d ) o f T h e Dentists A c t, 1902."

h , residing at , hereby declare that I was

bond fide an assistant in dental surgery before November 21st, 1901, and have complied

with and claim registration under provisions of section 19, sub-section f d j of The

Dentists Act, 1902."

[Signed]

Declared at , this day of , 19 ,

before me. FIFTH

B-813

EDWARDI VII, No.

The Dentists Act.-1902.

FIFTH SCHEDULE.

Declaration required to be made by any Person claiming to be Registered on the grouttd that he or she waa Artic ed as a bon% fide Student in Dentistry in accordance with the provisions of Section 19, Sub-section fe), of" The Dentista Act, 1902."

1, , residing at , hereby declare that I was

articled as a bond Jide student in dentistry and claim registration under provisions

of section 19, sub-section / e j, of The Uentists Act, 1902."

[Signed]

Declared at , this day of , l 9 ,

before me.

- -- - -- - -U - p

Adelaide : By authority, C. E. BRISTOW, Government Printer, North Terrace.