New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 1 July 2010
- Act 64 of 2001
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Object of Act
4. Definitions
5. Notes
6. Mutual Recognition laws
PART 2 - REGISTRATION OF DENTISTS
7. Registration necessary for certain representations
8. Qualifications for registration
9. Competence
10. Impairment as a dentist
11. Full registration
12. Provisional registration
13. Temporary registration
14. Limited registration
15. Power to refuse or impose conditions on full registration
16. Cancellation and suspension of registration
17. Restrictions on registration of deregistered persons
18. Appeals concerning registration
PART 3 - REGISTRATION OF DENTAL AUXILIARIES
19. Classes of dental auxiliary
20. Registration necessary for certain representations
21. Qualifications for registration
22. Competence
23. Impairment
24. Full registration
25. Provisional registration
26. Temporary registration
27. Power to refuse or impose conditions on full registration
28. Cancellation and suspension of registration
29. Restrictions on registration of deregistered persons
30. Appeals concerning registration
PART 4 - PRACTICE OF DENTISTRY AND DENTAL AUXILIARY ACTIVITIES
Note
Division 1 - Conduct of practice
31. Use of titles by dentists
32. Use of titles by dental auxiliaries
33. Restrictions on dental auxiliaries
34. Ownership of dental practices
35. Codes of professional conduct
Division 2 - Returns and information
36. Annual return to be submitted
37. Notification of convictions, criminal findings and charges
38. Courts to provide information on convictions
39. Referral of mental health matters to Registrar
PART 5 - COMPLAINTS AND DISCIPLINARY PROCEEDINGS
Division 1 - Interpretation
40. Meaning of "professional misconduct"
41. Meaning of "unsatisfactory professional conduct"--dentists
42. Meaning of "unsatisfactory professional conduct"--dental auxiliaries
43. References to "complaint"
Division 2 - Complaints
44. Grounds for complaints
45. Complaint can be made even if person no longer registered
46. Who can make a complaint
47. Complaints to be made to the Board
48. Form of complaint
49. Board to notify Commission of complaints
50. (Repealed)
51. Investigation of complaint by Board
52. Role of the Commission
53. How complaints are dealt with
54. Serious complaints must be referred to Tribunal
55. Medical examination of dental care provider
56. Notification of orders to employer and others
Division 3 - Referral of complaints to Dental Care Assessment Committee
57. Kinds of complaints that can be referred to Committee
58. How complaints are dealt with
59. Skills testing of dental care provider
60. Recommendations of the Committee
61. No legal representation for parties appearing before the Committee
Division 4 - Dealing with complaint by inquiry at a meeting of the Board
62. Procedures for dealing with complaint at meeting
63. General procedure
64. Conduct of meeting
65. Making submissions to inquiry
66. Decision of the Board
67. Admissibility of Board's findings
Division 5 - Disciplinary powers of Board and Tribunal
68. Powers may be exercised if complaint proved or admitted
69. General powers of the Board
70. Power of the Board to recommend suspension or cancellation of registration
71. Powers of the Tribunal
Division 6 - Powers of the Board for the protection of the public
72. Suspension or conditions to protect the public
73. Power to remove or alter conditions
74. Referral of matter to Commission
75. Special provisions--impairment
76. Tribunal to be notified of suspensions
77. Extension of suspension
78. Expiration of suspension
79. Duration of conditions--complaint matters
80. Duration of conditions--impairment matters
PART 6 - IMPAIRMENT
81. Referral of impairment matters concerning dental care providers or students
82. Persons may notify Board of impairment matters concerning dental care providers or students
83. Commission may refer impairment matters to Board
84. Panel to inquire into matters referred to it
85. Panel not to take action while Commission investigating
86. Board to give notice of proposed inquiry
87. Dental care provider or student entitled to make representations
88. Board may require student to undergo medical examination
89. Assessment, report and recommendations by Panel
90. Voluntary suspension or conditions on registration
91. Review of conditions
92. Some matters to be dealt with as complaints
93. Prohibition or conditions on student
94. Appeal by student against order
95. Confidentiality of Panel's report
PART 7 - APPEALS AND REVIEW OF DISCIPLINARY ACTION
Division 1 - Appeals against actions of the Board
96. Appeals against actions of the Board on a complaint
97. Appeal against suspension or imposition of conditions by Board--impairment matters
98. Appeal on point of law
Division 2 - Appeals against actions of Tribunal
99. Preliminary appeal on point of law
100. Appeal against Tribunal's decisions and actions
101. Powers of Court on appeal
Division 3 - Review of suspension, cancellation or conditions
102. Right of review
103. Appropriate review body
104. Powers on review
105. Nature of review
PART 8 - DENTAL BOARD
106. Constitution of the Board
107. Functions of the Board
108. Membership of the Board
109. Staff
110. Committees
111. Delegation of functions
112. Other provisions relating to the Board
PART 9 - DENTAL CARE ASSESSMENT COMMITTEE
113. Constitution of the Dental Care Assessment Committee
114. Functions of the Committee
115. Membership of the Committee
116. Other provisions relating to the Committee
PART 10 - IMPAIRED REGISTRANTS PANELS
117. Impaired Registrants Panels
118. Board to constitute Panel when required
119. Decisions of a Panel
PART 11 - DENTAL TRIBUNAL
Division 1 - Constitution of the Tribunal
120. The Dental Tribunal
121. Chairperson and Deputy Chairpersons of the Tribunal
122. Tribunal to be constituted to deal with complaints etc
123. Effect of vacancy on Tribunal
124. Payment of non-legal Tribunal members
125. Seal of the Tribunal
Division 2 - Proceedings of the Tribunal
126. Decisions of the Tribunal
127. Time when orders take effect
128. Powers of Tribunal exercised by Supreme Court
129. Registrar to be informed of disciplinary action
Division 3 - Inquiries, appeals etc before the Tribunal
130. Jurisdiction
131. Notice of time and place of inquiry or appeal
132. Conduct of proceedings
133. Representation before the Tribunal
134. Chairperson or Deputy Chairperson not to review own decisions
135. Adjournments and interlocutory orders
136. Tribunal to provide details of its decision
137. Statement need not contain confidential information
PART 11A - PROHIBITION AGAINST DIRECTING OR INCITING MISCONDUCT
137A. Prohibition against directing or inciting misconduct
137B. Extended concept of employment
137C. Extended concept of carrying on business
137D. Convicted offenders may be prohibited from carrying on business
137E. Offence of operating business while prohibited
137F. Effect of appeal against conviction
137G. Business interests--effect of prohibition
137H. Power to require information from convicted persons and others
137I. Evidentiary certificate
PART 12 - MISCELLANEOUS
138. Student registration
139. (Repealed)
140. Exemption from restrictions on representations for dental technicians and dental prosthetists
141, 142. (Repealed)
143. Application of Criminal Records Act
144. How notice is to be given
145. Service of documents on Board
146. Written statement of decisions
147. Notice of disciplinary action to other Boards
147A. Cancelled registrations to be publicly available
147B. Protection from liability for certain publications
148. False or misleading entries and statements
149. Evidentiary certificates and evidence of entry in Registers
150. Authentication of certain documents
151. Fees
152. Dental Education and Research Account
153. Appointment and powers of inspectors
154. Search warrants
155. Liability of officers and members
156. Offences by corporations
157. Proceedings for offences
158. Regulations
159. (Repealed)
160. Repeals
161. Savings and transitional provisions
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
Schedule 6 (Repealed)
SCHEDULE 7