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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Dental Bill 2005 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used in this Act 2 4. Application 6 Part 2 -- Dental Board and committees Division 1 -- The Board 5. Board established 7 6. Membership of Board 7 7. Presiding member and deputy presiding member 8 8. Constitution and proceedings 8 9. Remuneration and allowances 8 Division 2 -- Functions and powers 10. Functions 8 11. Powers 9 12. Delegation by Board 9 Division 3 -- Relationship of Board with Minister 13. Directions by Minister 9 14. Minister to have access to information 10 Division 4 -- Committees 15. Committees 11 16. Provisions relating to committees 11 Division 5 -- Registrar and other staff 17. Registrar 12 18. Other staff 12 113--2B page i Dental Bill 2005 Contents Division 6 -- General 19. Duty not to make improper use of information 13 20. Meetings and minutes of meetings 13 21. Execution of documents by Board 14 Part 3 -- Finance and reports 22. Funds of the Board 16 23. Accounts 16 24. Audit 17 25. Annual report and other reports 17 Part 4 -- Registration of dentists, dental prosthetists, dental hygienists, dental therapists and school dental therapists Division 1 -- Registration 26. Natural persons may be registered 19 27. Registration 19 28. Provisional registration 21 29. Conditional registration at the discretion of the Board 22 30. Professional indemnity insurance 24 31. Application 25 32. Effect of registration 25 33. Duration of registration 25 34. Renewal of registration 26 35. Application for registration by a person whose registration has been cancelled under section 82(1)(i) 27 Division 2 -- Employment of dental hygienists, dental therapists and school dental therapists 36. Acts which may be performed by dental hygienists 27 37. Acts which may be performed by dental therapists 28 38. Direction and control of dental hygienists and dental therapists 29 39. Acts which may be performed by school dental therapists 30 page ii Dental Bill 2005 Contents Division 3 -- The register 40. The register 30 41. Inspection of register 31 42. Certificate of registration 32 43. Voluntary removal from register and cancellation of registration 32 44. Removal of name and cancellation of registration of person in certain circumstances 32 45. Effect of removal of name from register 33 Division 4 -- Notifications to Board 46. Change of address 33 47. Loss of qualifications 34 48. Insolvency 34 49. Civil or criminal proceedings 34 50. Information about professional indemnity insurance 36 Part 5 -- Disciplinary and impairment matters Division 1 -- Preliminary 51. Disciplinary matters 37 52. Impairment matters 38 Division 2 -- Committees 53. Complaints assessment committee 38 54. Impairment review committee 39 Division 3 -- Complaints 55. Complaints 40 56. Complaints assessment committee to determine action required 41 57. Complaints assessment committee may reject certain complaints 41 Division 4 -- Summary orders of Board 58. Interim orders by Board 42 59. Complaint dealt with summarily to be referred to the State Administrative Tribunal 44 60. Complaint not dealt with summarily to be referred to relevant committee 44 page iii Dental Bill 2005 Contents Division 5 -- Disciplinary matters 61. Investigation and recommendation 45 62. Role of Board 46 63. Alternative to making allegation to the State Administrative Tribunal 46 Division 6 -- Impairment matters 64. Request by registered person for imposition of condition 48 65. Revocation of condition 48 66. Investigation 49 67. Registered person to be notified about investigation 49 68. Examination 49 69. Report of examination 50 70. Role of the impairment review committee 51 71. Recommendation 51 72. Role of Board 52 Division 7 -- Investigator's role and powers 73. Interpretation 53 74. Investigator 53 75. Report of investigator 53 76. Powers of investigator 54 77. Warrant to enter premises 56 78. Issue of warrant 56 79. Execution of warrant 57 Division 8 -- Conciliation 80. Conciliation process 58 81. Action if conciliation fails 59 Division 9 -- Role of the State Administrative Tribunal 82. Powers of the State Administrative Tribunal on dealing with a disciplinary matter 59 83. Powers of the State Administrative Tribunal on dealing with an impairment matter 61 Division 10 -- Dental students 84. Impaired ability to participate in dental training 62 85. Referral to impairment review committee 63 86. Powers of State Administrative Tribunal in relation to dental student 65 page iv Dental Bill 2005 Contents Division 11 -- Miscellaneous 87. Suspension 66 88. Costs and recovery 66 Part 6 -- Offences 89. Persons who may practise dentistry or dental prosthetics 67 90. Persons who may be employed or engaged to practise dentistry or dental prosthetics 67 91. Exceptions to sections 89 and 90 68 92. Persons who may perform acts of dentistry 69 93. Restrictions relating to full or partial artificial dentures 70 94. Use of certain titles or pretending to be registered 70 95. Information relating to certain business structures 71 96. Undue influence 72 97. Persons may be prohibited from providing etc. dentistry or dental prosthetics 72 98. Failure to comply with disciplinary action 74 99. False or misleading information 74 100. Offences in relation to investigation 75 101. Obstruction of investigator 76 102. Assistance to execute warrant 76 103. Surrender of certificate 77 104. Incriminating information, questions, or documents 77 105. Legal professional privilege 78 Part 7 -- Codes of practice, rules and regulations 106. Codes of practice 79 107. Rules 79 108. Regulations 81 109. Forms 82 Part 8 -- Miscellaneous 110. Protection 83 111. Notice of decision to be given 83 112. Review 84 113. Publication of proceedings etc. 84 114. Legal proceedings 85 page v Dental Bill 2005 Contents 115. Liability of certain officers of body corporate: offences 86 116. Review of Act 87 117. Repeals 88 118. Transitional and savings provisions 88 119. Consequential amendments 88 Schedule 1 -- Constitution and proceedings of the Board Division 1 -- General provisions 1. Term of office 89 2. Functions of deputy presiding member 89 3. Deputy members 89 4. Vacation of office by member 90 5. General procedure concerning meetings 90 6. Voting 91 7. Holding meetings remotely 91 8. Resolution without meeting 91 9. Minutes 91 Division 2 -- Disclosure of interests etc. 10. Meaning of "member" 92 11. Disclosure of interests 92 12. Exclusion of interested member 92 13. Board or committee may resolve that clause 12 inapplicable 92 14. Quorum where clause 12 applies 93 15. Minister may declare clause 12 or 14 inapplicable 93 Schedule 2 -- Transitional and savings Division 1 -- Preliminary 1. Terms used in this Schedule 94 2. Interpretation Act 1984 not affected 94 Division 2 -- Transitional and savings provisions relating to the repealed Dental Act 3. The Board continues 94 4. Board members 95 5. The registrar and other staff 95 page vi Dental Bill 2005 Contents 6. Persons registered under the repealed Dental Act 95 7. Register 96 8. Registration certificates issued under the repealed Dental Act 96 9. Licences issued under the repealed Dental Act 96 10. Restoration of certain names to the register 96 11. Suspensions 97 12. Undertakings under the repealed Dental Act 97 13. Allegations being dealt with by the former Board 97 14. Investigations 97 15. Disciplinary proceedings 97 16. Failure to comply with an order made under the repealed Dental Act 98 17. Annual report for part of a year 98 Division 3 -- Transitional and savings provisions relating to the repealed Dental Prosthetists Act 18. Persons licensed under the repealed Dental Prosthetists Act 98 19. Licences issued under the repealed Dental Prosthetists Act 99 20. Suspension under the repealed Dental Prosthetists Act section 21 99 21. Records kept under the repealed Dental Prosthetists Act section 23 99 Division 4 -- General 22. Powers in relation to transitional provision 100 Schedule 3 -- Consequential amendments 1. Civil Liability Act 2002 amended 101 2. Constitution Acts Amendment Act 1899 amended 101 3. Co-opted Medical and Dental Services for the Northern Portion of the State Act 1951 amended 102 4. Criminal Injuries Compensation Act 2003 amended 102 5. Criminal Investigation (Identifying People) Act 2002 amended 102 6. Guardianship and Administration Act 1990 amended 103 page vii Dental Bill 2005 Contents 7. Health Act 1911 amended 103 8. Health Professionals (Special Events Exemption) Act 2000 amended 103 9. Health Services (Conciliation and Review) Act 1995 amended 103 10. Juries Act 1957 amended 104 11. Medical Act 1894 amended 104 12. Misuse of Drugs Act 1981 amended 104 13. Pharmacy Act 1964 amended 104 14. Physiotherapists Act 1950 amended 105 15. Poisons Act 1964 amended 105 16. Psychologists Registration Act 1976 amended 106 17. Sentencing Act 1995 amended 106 18. State Administrative Tribunal Act 2004 amended 106 Defined Terms page viii Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Dental Bill 2005 A Bill for An Act to -- • provide for the regulation of the practice of dentistry; • provide for the registration of persons as dentists, dental hygienists, dental prosthetists, dental therapists and school dental therapists; • repeal the Dental Act 1939 and the Dental Prosthetists Act 1985; • make consequential amendments to various Acts, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Dental Bill 2005 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This is the Dental Act 2005. 2. Commencement 5 (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Terms used in this Act In this Act, unless the contrary intention appears -- 10 "application" means an application for registration; "approved" means approved by the Board in writing; "Board" means the Dental Board of Western Australia established by section 5; "certificate of registration" means a certificate of registration 15 issued under section 42; "committee" means a committee established by the Board under this Act; "complainant" means a person who lodges a complaint under section 55(1) or (2); 20 "complaint" means -- (a) a complaint lodged under section 55(1) or (2); (b) a complaint referred under section 55(3); (c) a matter the complaints assessment committee has determined under section 55(4) to deal with as if it 25 were a complaint; and (d) a matter the Board has referred to the impairment review committee under section 64(3); "complaints assessment committee" means the committee established under section 53; page 2 Dental Bill 2005 Preliminary Part 1 s. 3 "condition" includes restriction; "Corporations Act" means the Corporations Act 2001 of the Commonwealth; "dental hygienist" means a person who is registered under 5 section 27 as a dental hygienist; "dental prosthetics" means -- (a) giving of advice to, or attendance upon, a person for or in connection with, or in preparation for, fitting, constructing, inserting, repairing or renewing a full or 10 partial artificial denture or mouthguard; (b) fitting, constructing, inserting, repairing or renewing a full or partial artificial denture or mouthguard; and (c) taking an impression of a jaw for the purpose of fitting or constructing a full or partial artificial 15 denture or mouthguard, but does not include any adjustment or alteration to the natural teeth or any tissue of the mouth; "dental prosthetist" means a person who is registered under section 27 as a dental prosthetist; 20 "dental student" means a person who is enrolled as a student in a course at a tertiary institution in this State and is studying for a qualification for registration as a dentist referred to in section 27(2)(f); "dental therapist" means a person who is registered under 25 section 27 as a dental therapist; "dentist" means a person who is registered under section 27 as a dentist; "dentistry" means -- (a) an operation on or service in connection with the 30 human teeth or jaws and associated structures; (b) artificial restoration of human jaws or teeth; (c) treating a dental disease or lesion; (d) correcting malpositions in human teeth or jaws; page 3 Dental Bill 2005 Part 1 Preliminary s. 3 (e) an operation, treatment or service on or to a person preparatory to or for the purpose of or in connection with fitting, inserting or fixing artificial teeth or a full or partial artificial denture; 5 (f) fitting, constructing, inserting, repairing or renewing a full or partial artificial denture or mouthguard; or (g) a dental service, act or operation of any kind or nature; "department" means the department principally assisting the 10 Minister in the administration of this Act; "Director" means the Director of the Office of Health Review under the Health Services (Conciliation and Review) Act 1995; "disciplinary matter" means a matter referred to in section 51; 15 "document" includes any tape, disc or other device or medium on which information is recorded or stored; "full artificial denture" means a removable dental prosthesis that replaces all of the natural dentition of the upper jaw or the lower jaw; 20 "impairment" means -- (a) mental disability; (b) injury; (c) physical illness; "impairment matter" means a matter referred to in section 52; 25 "impairment review committee" means any committee established under section 54; "investigator" means a person appointed under section 74; "legal practitioner" has the meaning given to that term in the Legal Practice Act 2003 section 3; 30 "medical practitioner" means a medical practitioner registered under the Medical Act 1894; "member of the Board" includes a person acting under Schedule 1 clause 3; page 4 Dental Bill 2005 Preliminary Part 1 s. 3 "officer", in relation to a body corporate, has the meaning given to "officer of a corporation" in the Corporations Act section 9 but does not include an employee of the body corporate unless the employee is concerned in the 5 management of the body corporate; "partial artificial denture" means a removable dental prosthesis that replaces part of the natural dentition of the upper jaw or the lower jaw; "presiding member" means the presiding member of the Board 10 referred to in section 7; "register" means the register referred to in section 40; "registered" means registered by the Board under this Act; "registered person" means a dentist, dental hygienist, dental prosthetist, dental therapist or school dental therapist; 15 "registrar" means the person engaged or employed to be registrar under section 17; "registration" includes renewal of registration; "respondent" means a person the subject of a complaint; "school dental service" means -- 20 (a) the service established under the Health Act 1911 section 337A(1); and (b) dental care and treatment for preschool and school children provided by the Dental Health Services under the Hospitals and Health Services Act 1927; 25 "school dental therapist" means a person who is registered under section 27 as a school dental therapist; "type of registration" means registration as -- (a) a dentist; (b) a dental hygienist; 30 (c) a dental prosthetist; (d) a dental therapist; or (e) a school dental therapist. page 5 Dental Bill 2005 Part 1 Preliminary s. 4 4. Application This Act does not apply to, or in respect of, or in any way affect -- (a) a medical practitioner who performs an act of dentistry, 5 other than -- (i) preparing a cavity in a tooth, with a view to the permanent restoration of the tooth; or (ii) fitting, inserting or fixing artificial teeth, artificial restoration of teeth or the mechanical 10 construction of artificial dentures; or (b) a person who, without remuneration, extracts a tooth, for the immediate relief of pain, at a place that is more than 100 kilometres by road from the nearest practising 15 dentist. page 6 Dental Bill 2005 Dental Board and committees Part 2 The Board Division 1 s. 5 Part 2 -- Dental Board and committees Division 1 -- The Board 5. Board established (1) A body called the Dental Board of Western Australia is 5 established. (2) The Board -- (a) is a body corporate; (b) has perpetual succession and a common seal; and (c) may sue and be sued in its corporate name. 10 (3) The Board does not represent, and is not an agent of, the Crown. 6. Membership of Board (1) The Board consists of 11 members appointed by the Minister, of whom -- (a) 4 are to be dentists; 15 (b) one is to be a dentist who is the head of or a senior member of the staff of the School of Dentistry, University of Western Australia; (c) one is to be a person nominated by the chief executive officer who is -- 20 (i) a dentist; and (ii) a public service officer, as defined in the Public Sector Management Act 1994 section 3(1); (d) 2 are to be dental prosthetists; (e) one is to be a dental hygienist or dental therapist; 25 (f) one is to be a person who has knowledge of and experience in representing the interests of consumers; and (g) one is to be a legal practitioner. (2) Each member of the Board is to be a natural person. page 7 Dental Bill 2005 Part 2 Dental Board and committees Division 2 Functions and powers s. 7 7. Presiding member and deputy presiding member The presiding member and the deputy presiding member of the Board are to be elected by the Board from amongst its members. 8. Constitution and proceedings 5 Schedule 1 has effect with respect to the constitution and proceedings of the Board. 9. Remuneration and allowances A member of the Board, or of a committee, is to be paid such remuneration and allowances (if any) as the Minister, on the 10 recommendation of the Minister for Public Sector Management, determines from time to time. Division 2 -- Functions and powers 10. Functions The functions of the Board are as follows -- 15 (a) to advise the Minister on matters to which this Act applies; (b) to administer the scheme of registration under Part 4; (c) to support and promote public education and research in relation to dentistry and dental prosthetics; 20 (d) to monitor education in dentistry and dental prosthetics, and provide advice on that education to the Minister and to any other person or body involved in that education; (e) to promote and encourage -- (i) the continuing education of dentists or dental 25 prosthetists in the practice of dentistry or dental prosthetics; (ii) increased levels of skills, knowledge and competence in dentistry and dental prosthetics; (iii) the continuing education of dental hygienists, 30 dental therapists or school dental therapists in the acts of dentistry that they may perform; and page 8 Dental Bill 2005 Dental Board and committees Part 2 Relationship of Board with Minister Division 3 s. 11 (iv) increased levels of skills, knowledge and competence in the acts of dentistry that may be performed by dental hygienists, dental therapists and school dental therapists; 5 and (f) to perform other functions that are conferred on the Board under this Act or any other Act. 11. Powers The Board has all the powers it needs to perform its functions. 10 12. Delegation by Board (1) The Board may delegate any power or duty of the Board under another provision of this Act to -- (a) a member of the Board; (b) a committee or a member of a committee; or 15 (c) the registrar. (2) The delegation must be in writing executed by the Board. (3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (4) A person exercising or performing a power or duty that has been 20 delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the Board to perform a function through the registrar or any other member of staff or 25 an agent. Division 3 -- Relationship of Board with Minister 13. Directions by Minister (1) Subject to subsection (2), the Minister may, after consulting with the Board, give directions in writing to the Board with 30 respect to the performance of its functions either generally or in page 9 Dental Bill 2005 Part 2 Dental Board and committees Division 3 Relationship of Board with Minister s. 14 relation to a particular matter, and the Board is to give effect to any such direction. (2) The Minister must not under subsection (1) direct the Board with respect to the performance of its functions in respect of -- 5 (a) a particular person; (b) a particular qualification; or (c) a particular application, complaint or proceeding. (3) The text of a direction given under subsection (1) must be -- (a) laid before each House of Parliament within 14 sitting 10 days of that House after the direction is given; and (b) included in the annual report submitted by the Board under section 25(1). 14. Minister to have access to information (1) In this section -- 15 "information" means information specified, or of a description specified, by the Minister that relates to the functions of the Board. (2) The Minister is entitled -- (a) to have information in the possession of the Board; and 20 (b) if the information is in or on a document, to have, and make and retain copies of, that document. (3) For the purposes of subsection (2) the Minister may -- (a) request the Board to furnish information to the Minister; (b) request the Board to give the Minister access to 25 information; (c) for the purposes of paragraph (b) make use of the staff of the Board to obtain the information and furnish it to the Minister. (4) The Board is to comply with a request under subsection (3) and 30 make its staff and facilities available to the Minister for the purposes of subsection (3)(c). page 10 Dental Bill 2005 Dental Board and committees Part 2 Committees Division 4 s. 15 (5) The Minister is not entitled to have information under this section in a form that -- (a) discloses the identity of a person involved in a particular application, complaint, investigation or other 5 proceeding; or (b) might enable the identity of any such person to be ascertained, unless that person has consented to the disclosure. Division 4 -- Committees 10 15. Committees (1) In addition to the complaints assessment committee and the impairment review committee the Board may from time to time establish any other committee. (2) The Board may -- 15 (a) determine the functions, membership and constitution; (b) appoint such members and other persons as it thinks fit to be members; and (c) give directions with respect to the functions and procedures, 20 of a committee established under this section. (3) A committee is to comply with a direction given to it under subsection (2)(c). (4) At the request of the Board, a committee established under this section is to report on the performance of its functions to the 25 Board, in accordance with the Board's request. 16. Provisions relating to committees (1) Each member of a committee is to be a natural person. (2) The Board may remove a person from membership of a committee and may reconstitute or discharge a committee 30 established by the Board. page 11 Dental Bill 2005 Part 2 Dental Board and committees Division 5 Registrar and other staff s. 17 (3) A committee is to ensure that an accurate record is kept and preserved of the proceedings of each meeting of the committee and of each resolution passed by the committee. (4) Subject to this Act, a committee may determine its own 5 procedures. (5) A person with special knowledge or experience may be invited to act in an advisory capacity to a committee if the committee is of the opinion that the person will assist the committee in the performance of its functions and the Board has approved the 10 invitation. Division 5 -- Registrar and other staff 17. Registrar (1) The Board is to engage or employ a person to be the registrar. (2) The registrar has the functions that are conferred under this Act 15 or that the Board directs the registrar to perform. (3) The registrar may delegate to a person engaged or employed by the Board any power or duty of the registrar under another provision of this Act. (4) The delegation must be in writing executed by the registrar. 20 (5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (6) A delegate exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the 25 contrary is shown. 18. Other staff The Board may engage or employ persons to provide such professional, technical or other assistance that the Board considers necessary to enable it to perform its functions. page 12 Dental Bill 2005 Dental Board and committees Part 2 General Division 6 s. 19 Division 6 -- General 19. Duty not to make improper use of information A member or former member of the Board or a member or former member of a committee must not, whether within or 5 outside the State, make improper use of information acquired by virtue of that position to gain, directly or indirectly, an advantage for himself or herself or for any other person. Penalty: $5 000. 20. Meetings and minutes of meetings 10 (1) Subject to this section, every meeting of the Board is to be open to members of the public. (2) Despite subsection (1) -- (a) the Board may of its own initiative order that in any particular case a meeting, or part of a meeting, of the 15 Board is to be closed; and (b) where a meeting of the Board concerns a proceeding under Part 5 relating to a disciplinary or impairment matter, a person to whom the proceedings relate may request that the meeting, or part of the meeting, be 20 closed. (3) The Board is to consider a request under subsection (2)(b) and may order that the meeting, or part of the meeting, be closed if it is of the opinion that such an order is in the best interests of the parties involved or the maintenance of professional standards. 25 (4) The minutes of a meeting of the Board are to be open for inspection at its principal place of business by members of the public during normal office hours without fee, other than minutes relating to -- (a) proceedings under Part 5 relating to a disciplinary or 30 impairment matter; (b) a matter determined to be confidential under subsection (6); or page 13 Dental Bill 2005 Part 2 Dental Board and committees Division 6 General s. 21 (c) a meeting, or part of a meeting, that the Board ordered be closed under subsection (2)(a) or (3). (5) A person may, on payment of the fee prescribed by the regulations, if any, obtain a copy of any minutes of the Board 5 available for inspection under subsection (4). (6) The Board may determine that a matter is confidential if it considers that its disclosure is likely to infringe the reasonable privacy of any person. 21. Execution of documents by Board 10 (1) The Board is to have a common seal. (2) A document is duly executed by the Board, if -- (a) the common seal of the Board is affixed to it in accordance with subsections (3) and (4); or (b) it is signed on behalf of the Board by a person or 15 persons authorised by the Board to do so under subsection (5). (3) The common seal of the Board is not to be affixed to any document except as authorised by the Board. (4) The common seal of the Board is to be affixed to a document in 20 the presence of 2 members of the Board and each of them is to sign the document to attest that the common seal was so affixed. (5) The Board may, by writing under its seal, authorise -- (a) a member or members of the Board; or (b) a member or members of staff, 25 to sign documents on behalf of the Board, either generally or subject to such conditions as are specified in the authorisation. (6) A document executed under this section without the common seal of the Board is not to be regarded as being a document under seal. page 14 Dental Bill 2005 Dental Board and committees Part 2 General Division 6 s. 21 (7) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown. (8) When a document is produced bearing a seal purporting to be 5 the common seal of the Board, it is to be presumed that the seal is the common seal of the Board until the contrary is shown. page 15 Dental Bill 2005 Part 3 Finance and reports s. 22 Part 3 -- Finance and reports 22. Funds of the Board (1) The funds of the Board consist of -- (a) fees received by the Board; 5 (b) grants (if any) by the State, and all gifts and donations made to the Board, but subject to any trusts declared in relation to the grants, gifts or donations; (c) penalties, costs and expenses received under section 63 or 88; and 10 (d) other money or property lawfully received by the Board in connection with the performance of its functions. (2) The funds of the Board may be applied -- (a) for the purposes of the administration and enforcement of this Act, including the remuneration of members of 15 the Board and committees and of the registrar and other persons engaged or employed by the Board; (b) for the payment of examinations and reports in accordance with section 68(3) or 84(4); (c) for the furtherance of education, including public 20 education, and research in relation to dentistry and dental prosthetics; (d) by way of contribution to any professional body for registered persons for the development by that body of professional standards; and 25 (e) for any other purpose that the Board may recommend and the Minister may approve to enable the Board to perform its functions. 23. Accounts (1) The Board is to cause to be kept proper accounts and records of 30 the transactions and affairs of the Board and is to prepare financial statements in accordance with Australian Accounting Standards. page 16 Dental Bill 2005 Finance and reports Part 3 s. 24 (2) The financial statements are to be prepared on an accrual basis unless the Board determines otherwise. 24. Audit The accounts and financial statements of the Board are to be 5 audited at least once a year, at the expense of the Board, by a registered company auditor (as defined in paragraph (a) of the definition of that term in the Corporations Act section 9) appointed by the Board with the prior approval of the Minister. 25. Annual report and other reports 10 (1) The Board, not later than 31 December in each year, is to make and submit to the Minister an annual report of its proceedings for the preceding year ending on 30 June together with a copy of its financial statements for that year and the auditor's report on those statements. 15 (2) The Board's annual report must include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken under this Act during the year to which the report relates; and 20 (ii) matters that have been brought before the State Administrative Tribunal by the Board during the year to which the report relates; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; 25 (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; and (e) any proposals for improving the operation of the Board. (3) The Minister is to cause a copy of the Board's annual report and 30 financial statements and of the auditor's report submitted under subsection (1) to be laid before each House of Parliament within page 17 Dental Bill 2005 Part 3 Finance and reports s. 25 14 sitting days of that House after receipt of the report by the Minister. (4) The Board is to ensure that after subsection (3) has been complied with copies of the reports and statements referred to in 5 that subsection are available on request for inspection at its principal place of business. page 18 Dental Bill 2005 Registration of dentists, dental prosthetists, dental hygienists, Part 4 dental therapists and school dental therapists Registration Division 1 s. 26 Part 4 -- Registration of dentists, dental prosthetists, dental hygienists, dental therapists and school dental therapists Division 1 -- Registration 5 26. Natural persons may be registered Registration under this Act may be granted only to a natural person. 27. Registration (1) The Board is to register an applicant as a dentist, dental 10 hygienist, dental prosthetist, dental therapist or school dental therapist if satisfied that the applicant has -- (a) complied with the requirements of subsection (2); and (b) paid the registration fee, if any, prescribed by the regulations. 15 (2) The requirements for registration are that the applicant -- (a) is a fit and proper person to be registered as a dentist, dental hygienist, dental prosthetist, dental therapist or school dental therapist, as the case may be; (b) has not been convicted of an offence the nature of which 20 renders the person unfit to practise, or be employed, as a registered person; (c) has adequate knowledge of the English language both written and oral; (d) has sufficient physical capacity, mental capacity and 25 skill to practise, or be employed, as a registered person; (e) subject to subsection (3), has acquired such knowledge and has such practical experience in -- (i) if the application is for registration as a dentist, dentistry as in the opinion of the Board is 30 sufficient to enable that person to perform efficiently the duties of a dentist; page 19 Dental Bill 2005 Part 4 Registration of dentists, dental prosthetists, dental hygienists, dental therapists and school dental therapists Division 1 Registration s. 27 (ii) if the application is for registration as a dental prosthetist, dental prosthetics as in the opinion of the Board is sufficient to enable that person to perform efficiently the duties of a dental 5 prosthetist; or (iii) if the application is for another type of registration, the acts of dentistry that may be performed by a person who holds that type of registration as in the opinion of the Board is 10 sufficient to enable that person to perform efficiently the duties of a person who holds that type of registration; and (f) holds a qualification prescribed by the rules in respect of 15 that type of registration as a qualification for registration of that type or a qualification that in the opinion of the Board is equivalent to such a qualification. (3) Subsection (2)(e) does not apply to an applicant for a type of registration who, having been awarded a qualification referred 20 to in subsection (2)(f) in respect of that type of registration within the 5 years preceding the application, is applying to the Board, for the first time, for registration of that type under subsection (1). (4) The Board may impose such conditions on registration under 25 subsection (1) as the Board reasonably requires to ensure the competent and safe -- (a) practice of dentistry or dental prosthetics by the dentist or dental prosthetist; or (b) performance of the acts of dentistry that may be 30 performed by the dental hygienist, dental therapist or school dental therapist. (5) A condition imposed under subsection (4) may apply indefinitely or for a period of time specified by the Board in the written notice. page 20 Dental Bill 2005 Registration of dentists, dental prosthetists, dental hygienists, Part 4 dental therapists and school dental therapists Registration Division 1 s. 28 (6) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition. 28. Provisional registration 5 (1) The Board may provisionally register an applicant if satisfied that -- (a) the applicant has applied to be registered under section 27; (b) the requisite evidence is likely to be produced to enable 10 the Board to be satisfied as to the matters set out in section 27(2) relevant to the type of registration applied for; and (c) the applicant has paid the registration fee, if any, prescribed by the regulations. 15 (2) Provisional registration has effect for a period of 3 months beginning on the day on which it is granted unless earlier cancelled. (3) The Board may impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the 20 competent and safe -- (a) practice of dentistry or dental prosthetics by the dentist or dental prosthetist; or (b) performance of the acts of dentistry that may be performed by the dental hygienist, dental therapist or 25 school dental therapist. (4) If the Board, before the period referred to in subsection (2) expires, has reason to believe that a person granted provisional registration is not entitled to be registered under section 27 as a dentist, dental hygienist, dental prosthetist, dental therapist or 30 school dental therapist, the Board may, without prejudice to the person's application to be registered, cancel the person's provisional registration. page 21 Dental Bill 2005 Part 4 Registration of dentists, dental prosthetists, dental hygienists, dental therapists and school dental therapists Division 1 Registration s. 29 29. Conditional registration at the discretion of the Board (1) The Board may grant a person conditional registration as a dentist or dental prosthetist if -- (a) the Board is satisfied that the person meets the 5 requirements of section 27(2)(a), (b), (c) and (d) for registration of that type; (b) the Board is satisfied that -- (i) the person meets the requirements of section 27(2)(e) for registration of that type and 10 that the requisite evidence is likely to be produced to enable the Board to be satisfied as to the matters set out in section 27(2)(f) for that type of registration; (ii) the person proposes to undertake a course in post 15 graduate study in dentistry or professional practice and training in dentistry under supervision; (iii) the person, recognised by the Board as being a person of eminence within the field of dentistry 20 or dental prosthetics, desires registration for the purpose of enabling the person to teach and demonstrate methods and techniques of dentistry or dental prosthetics; or (iv) the person desires registration to enable the 25 person to undertake particular duties of dentistry or dental prosthetics of limited duration; and (c) the applicant has paid the registration fee, if any, prescribed by the regulations. 30 (2) The Board may grant a person conditional registration as a dental hygienist, dental therapist or school dental therapist if -- (a) the Board is satisfied that the person meets the requirements of section 27(2)(a), (b), (c) and (d) for registration of that type; page 22 Dental Bill 2005 Registration of dentists, dental prosthetists, dental hygienists, Part 4 dental therapists and school dental therapists Registration Division 1 s. 29 (b) the Board is satisfied that -- (i) the person proposes to undertake a course in post graduate study in dental hygiene or dental therapy; 5 (ii) the person, recognised by the Board as being a person of eminence within the field of dental hygiene, desires registration for the purpose of enabling the person to teach and demonstrate methods and techniques of dental hygiene; or 10 (iii) the person, recognised by the Board as being a person of eminence within the field of dental therapy or school dental therapy, desires registration for the purpose of enabling the person to teach and demonstrate methods and 15 techniques of dental therapy; and (c) the applicant has paid the registration fee, if any, prescribed by the regulations. (3) Conditional registration has effect until the day specified in the 20 certificate of registration (unless registration is earlier cancelled by the Board) but that day is in no case to be later than 12 months after the issue of the certificate. (4) Conditional registration under this section may be made subject to such conditions as the Board imposes in any particular case. 25 (5) The Board may at any time cancel a conditional registration. (6) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition. page 23 Dental Bill 2005 Part 4 Registration of dentists, dental prosthetists, dental hygienists, dental therapists and school dental therapists Division 1 Registration s. 30 30. Professional indemnity insurance (1) In this section -- "professional indemnity insurance" means professional indemnity insurance that meets the minimum terms and 5 conditions approved by the Board. (2) Without limiting the Board's powers under section 27, 28 or 29, the Board may impose both of the following conditions as conditions of registration of a person as a dentist or dental prosthetist under section 27, 28 or 29 -- 10 (a) that -- (i) the dentist or dental prosthetist must hold professional indemnity insurance; (ii) the dental or prosthetic care provided by the dentist or dental prosthetist must be covered by 15 professional indemnity insurance; or (iii) the dentist or dental prosthetist must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity 20 insurance extends even though the dentist or dental prosthetist is not a party to the professional indemnity insurance; (b) that the professional indemnity insurance must meet the minimum terms and conditions approved by the Board. 25 (3) A condition imposed under this section may apply indefinitely or for a period of time specified by the Board in the written notice of the decision given under section 111. (4) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on 30 reasonable grounds, revoke or vary the condition. page 24 Dental Bill 2005 Registration of dentists, dental prosthetists, dental hygienists, Part 4 dental therapists and school dental therapists Registration Division 1 s. 31 31. Application (1) An application is to be -- (a) in writing; (b) made in an approved manner and form; and 5 (c) accompanied by the application fee, if any, prescribed by the regulations. (2) The applicant must provide the Board or the registrar with such further information as the Board or the registrar requires, in any particular case, and if required by the Board or the registrar 10 must verify the information by statutory declaration. (3) The Board may, in writing, require an applicant for registration to attend before the Board for the purpose of satisfying the Board as to a matter relevant to the application and, if the person fails to attend, may refuse the application. 15 (4) The Board may refuse to register a person who does not comply with this section. 32. Effect of registration Subject to this Act, registration as -- (a) a dentist confers on the person registered the right to 20 carry on in the State the practice of dentistry under the title of "dentist", "dental surgeon" or "dental practitioner"; and (b) a dental prosthetist confers on the person registered the right to carry on in the State the practice of dental 25 prosthetics under the title of "dental prosthetist". 33. Duration of registration Subject to this Act, registration -- (a) has effect for the period prescribed by the regulations; and page 25 Dental Bill 2005 Part 4 Registration of dentists, dental prosthetists, dental hygienists, dental therapists and school dental therapists Division 1 Registration s. 34 (b) may be renewed in accordance with the regulations for a further period prescribed by the regulations. 34. Renewal of registration (1) A registered person must pay to the Board a fee prescribed by 5 the regulations for the renewal of a type of registration, and if the fee is not paid on or before the day on which it falls due under the regulations -- (a) the person ceases to be registered; and (b) the person's name must be removed from the register, 10 in relation to that type of registration. (2) A person whose name is removed from the register under subsection (1) may at any time pay to the Board all fees that are in arrears, and all fees that would be in arrears if the person had continued to be registered, together with any additional amount 15 prescribed by the regulations for the purposes of this subsection, and is then to be entitled, subject to this Act, to have his or her registration renewed and the name restored to the register in relation to that type of registration. (3) For the purposes of Part 5, the registration of a person whose 20 name is restored to the register under subsection (2) is taken to have continued during the period that the person's name was removed from the register under subsection (1). (4) The Board is to give written notice of the renewal fee to a registered person, sent to that registered person's address as 25 recorded in the register, at least 42 days before the fee falls due under the regulations. (5) A person may apply to the Board for the remission of fees payable by the person under this section that are in arrears, and the Board may remit those fees in whole or in part. page 26 Dental Bill 2005 Registration of dentists, dental prosthetists, dental hygienists, Part 4 dental therapists and school dental therapists Employment of dental hygienists, dental therapists and school Division 2 dental therapists s. 35 35. Application for registration by a person whose registration has been cancelled under section 82(1)(i) (1) In this section -- "disqualified person" means a person whose registration in 5 relation to a type of registration has been cancelled and name removed from the register in relation to that type of registration under section 82(1)(i). (2) A disqualified person may not apply for registration in relation to the type of registration that was cancelled for a period of 10 2 years after registration of that type was cancelled. (3) The Board cannot grant an application for registration by a disqualified person in relation to the type of registration that was cancelled unless it has applied for, and obtained, the approval of the State Administrative Tribunal to do so. 15 (4) Registration of, and -- (a) the practice of dentistry or dental prosthetics by a dentist or dental prosthetist; or (b) employment as a dental hygienist, dental therapist or school dental therapist, 20 as the case may be, by a disqualified person may be made subject to such conditions as the Board in any particular case imposes. Division 2 -- Employment of dental hygienists, dental therapists and school dental therapists 25 36. Acts which may be performed by dental hygienists (1) This section applies to a dental hygienist who is employed -- (a) by a dentist; or (b) to perform acts of dentistry in -- (i) a hospital as defined in the Hospitals and Health 30 Services Act 1927 section 2(1); page 27 Dental Bill 2005 Part 4 Registration of dentists, dental prosthetists, dental hygienists, dental therapists and school dental therapists Division 2 Employment of dental hygienists, dental therapists and school dental therapists s. 37 (ii) a university or tertiary educational authority established under any written law; or (iii) the department. (2) Subject to any condition imposed by the Board, a dental 5 hygienist to whom this section applies may, under the direction and control of a dentist and for the purpose of assisting that dentist in the prevention, control or treatment of dental disease -- (a) undertake the acts of dentistry prescribed by the 10 regulations for the purposes of this paragraph; and (b) if the dental hygienist -- (i) has the qualifications prescribed by the regulations; or (ii) has completed a course of study and training 15 approved by the Board for the purposes of this paragraph, undertake the acts of dentistry prescribed by the regulations for the purposes of this paragraph. 37. Acts which may be performed by dental therapists 20 (1) This section applies to a dental therapist who is employed -- (a) by a dentist; or (b) to perform acts of dentistry in -- (i) a hospital as defined in the Hospitals and Health Services Act 1927 section 2(1); 25 (ii) a university or tertiary educational authority established under any written law; or (iii) the department. page 28 Dental Bill 2005 Registration of dentists, dental prosthetists, dental hygienists, Part 4 dental therapists and school dental therapists Employment of dental hygienists, dental therapists and school Division 2 dental therapists s. 38 (2) Subject to subsection (3) and any condition imposed by the Board, a dental therapist to whom this section applies may, under the direction and control of a dentist and for the purpose of assisting that dentist in the prevention, control or treatment of 5 dental disease -- (a) undertake the acts of dentistry prescribed by the regulations for the purposes of this paragraph; and (b) if the dental therapist -- (i) has the qualifications prescribed by the 10 regulations; or (ii) has completed a course of study and training approved by the Board for the purposes of this paragraph, undertake the acts of dentistry prescribed by the 15 regulations for the purposes of this paragraph. (3) A dental therapist must not undertake the acts of dentistry referred to in subsection (2)(b) unless the dental therapist has the written approval of the Board to do so. 38. Direction and control of dental hygienists and dental 20 therapists (1) If an act of dentistry is to be undertaken by a dental hygienist or dental therapist, the dentist under whose direction and control the act is to be undertaken must -- (a) examine the patient -- 25 (i) before the treatment commences; and (ii) after the treatment within such time as is prescribed by the regulations; and (b) if not in full-time attendance, remain reasonably 30 available for consultation. Penalty: $2 500. page 29 Dental Bill 2005 Part 4 Registration of dentists, dental prosthetists, dental hygienists, dental therapists and school dental therapists Division 3 The register s. 39 (2) A dentist complies with subsection (1)(b) if the dentist, or another dentist nominated by him or her, is available to render assistance to the dental hygienist or dental therapist if such assistance is required by the dental hygienist or dental therapist. 5 39. Acts which may be performed by school dental therapists (1) This section applies to a school dental therapist who is employed to carry out acts of dentistry for a school dental service. (2) Subject to any condition imposed by the Board and the 10 regulations made under the Health Act 1911 section 337A(4), a school dental therapist to whom this section applies may for the purposes of the school dental service -- (a) undertake the acts of dentistry prescribed by the regulations for the purposes of this paragraph; and 15 (b) if the school dental therapist -- (i) has the qualifications prescribed by the regulations; or (ii) has completed a course of study and training approved by the Board for the purposes of this 20 paragraph, undertake the acts of dentistry prescribed by the regulations for the purposes of this paragraph. Division 3 -- The register 40. The register 25 The Board is required to keep an accurate and up to date register of all registered persons in such manner and form as the Board determines and in respect of each registered person is to record -- (a) the name of that registered person; 30 (b) the business, or other, address of that registered person; page 30 Dental Bill 2005 Registration of dentists, dental prosthetists, dental hygienists, Part 4 dental therapists and school dental therapists The register Division 3 s. 41 (c) particulars of all of the registered person's professional qualifications recognised by the Board and held by that registered person; (d) the type of registration; 5 (e) the provision of this Act under which the registered person is registered; (f) any conditions applying to the registration; (g) details of the exercise of any power under Part 5 in respect of that registered person or any order made in 10 respect of that registered person in a proceeding before the State Administrative Tribunal under Part 5; and (h) such other information, if any, as is prescribed by the regulations. 41. Inspection of register 15 (1) The register must be kept in the office of the registrar. (2) The register must be available for inspection by members of the public during normal office hours. (3) The register may be made available for inspection by members of the public on an internet website maintained by the Board. 20 (4) A person may, on application to the registrar in respect of the register or an entry in the register, and payment of the fee prescribed by the regulations, if any, obtain a certified copy of the register or the entry. (5) No fee is payable under subsection (4) if the application is 25 made -- (a) by an officer of the department; and (b) for the purpose of carrying out the functions of an officer of that department. page 31 Dental Bill 2005 Part 4 Registration of dentists, dental prosthetists, dental hygienists, dental therapists and school dental therapists Division 3 The register s. 42 42. Certificate of registration (1) On the registration of a person the Board is to issue to that person a certificate of registration in a form approved for that type of registration. 5 (2) In the absence of evidence to the contrary a certificate of registration is evidence that the person to whom the certificate is issued is registered as specified in the certificate. 43. Voluntary removal from register and cancellation of registration 10 (1) A person may, in writing, request the registrar to remove the name of that person from the register in relation to a type of registration and cancel his or her registration in relation to that type of registration. (2) Upon receipt of a request under subsection (1) the registrar is to 15 refer the request to the Board and may, if the Board so approves, remove the name of that person from the register in relation to that type of registration and cancel his or her registration in relation to that type. (3) This section does not apply to a registered person who is the 20 subject of proceedings under Part 5. 44. Removal of name and cancellation of registration of person in certain circumstances (1) Subject to subsections (3) and (4), the Board is to cancel the registration of and direct the registrar to remove from the 25 register the name of a dentist or dental prosthetist if the Board is satisfied that he or she -- (a) has not practised dentistry or dental prosthetics in the preceding period of 5 years; and (b) has not maintained current knowledge and skills in 30 dentistry or dental prosthetics at an approved level. (2) Subject to subsections (3) and (4), the Board is to cancel the registration of and direct the registrar to remove from the page 32 Dental Bill 2005 Registration of dentists, dental prosthetists, dental hygienists, Part 4 dental therapists and school dental therapists Notifications to Board Division 4 s. 45 register the name of a dental hygienist, dental therapist or school dental therapist if the Board is satisfied that he or she -- (a) has not been employed as a dental hygienist, dental therapist or school dental therapist in the preceding 5 period of 5 years; and (b) has not maintained current knowledge and skills in the acts of dentistry that may be performed by a dental hygienist, dental therapist or school dental therapist at an approved level. 10 (3) If the Board proposes to give a direction under subsection (1) or (2), the Board is to give the registered person written notice of the proposal and the reasons for the proposal. (4) A notice given under subsection (3) must state that within 28 days after the notice is given, the registered person to whom 15 it is given may make written representations to the Board concerning the proposal, and the Board is not to give the direction without considering any representations received within that period. 45. Effect of removal of name from register 20 If the name of a registered person is removed from the register under a provision of this Act, that person ceases to be registered in relation to that type of registration. Division 4 -- Notifications to Board 46. Change of address 25 (1) A registered person must give the registrar written advice of any change to the address that is recorded in the register in relation to the person. Penalty: $1 000. (2) The advice referred to in subsection (1) must be given no later 30 than 30 days after the change to the address. page 33 Dental Bill 2005 Part 4 Registration of dentists, dental prosthetists, dental hygienists, dental therapists and school dental therapists Division 4 Notifications to Board s. 47 47. Loss of qualifications (1) A registered person must give the registrar written advice if a qualification that enabled the person to be registered is withdrawn or cancelled by the body that conferred the 5 qualification. Penalty: $1 000. (2) The advice referred to in subsection (1) must be given no later than 90 days after the withdrawal or cancellation. 48. Insolvency 10 (1) In subsection (2) -- "insolvent" means a person who is an insolvent under administration as defined in the Corporations Act section 9. (2) A registered person must, within 7 days of becoming an insolvent, give the registrar written notice of the insolvency. 15 Penalty: $5 000. 49. Civil or criminal proceedings (1) A dentist or dental prosthetist must give the registrar written advice of any of the following matters within 14 days after -- (a) any civil proceedings claiming damages or other 20 compensation arising out of the practice of dentistry or dental prosthetics; (b) any criminal proceedings for an offence arising out of the practice of dentistry or dental prosthetics, are commenced against that person. 25 Penalty: $5 000. page 34 Dental Bill 2005 Registration of dentists, dental prosthetists, dental hygienists, Part 4 dental therapists and school dental therapists Notifications to Board Division 4 s. 49 (2) A dentist or dental prosthetist must give the registrar written advice of any of the following matters within 14 days after -- (a) any proceedings of a kind referred to in subsection (1) commenced against that person are withdrawn or 5 settled; (b) any such proceedings are determined by a court or other tribunal. Penalty: $5 000. (3) A dental hygienist, dental therapist or school dental therapist 10 must give the registrar written advice of any of the following matters within 14 days after -- (a) any civil proceedings claiming damages or other compensation arising out of employment as a dental hygienist, dental therapist or school dental therapist; 15 (b) any criminal proceedings for an offence arising out of employment as a dental hygienist, dental therapist or school dental therapist, are commenced against that person. Penalty: $5 000. 20 (4) A dental hygienist, dental therapist or school dental therapist must give the registrar written advice of any of the following matters within 14 days after -- (a) any proceedings of a kind referred to in subsection (3) commenced against that person are withdrawn or 25 settled; (b) any such proceedings are determined by a court or other tribunal. Penalty: $5 000. page 35 Dental Bill 2005 Part 4 Registration of dentists, dental prosthetists, dental hygienists, dental therapists and school dental therapists Division 4 Notifications to Board s. 50 50. Information about professional indemnity insurance (1) If it is a condition of a person's registration as a dentist or dental prosthetist that -- (a) the dentist or dental prosthetist must hold professional 5 indemnity insurance; (b) the dental or prosthetic care provided by the dentist or dental prosthetist must be covered by professional indemnity insurance; or (c) the dentist or dental prosthetist must be specified or 10 referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the dentist or dental prosthetist is not a party to the professional indemnity insurance, 15 the person must give the registrar written advice -- (d) if the professional indemnity insurance is cancelled; or (e) of any change in the terms or conditions of the professional indemnity insurance. Penalty: $1 000. 20 (2) The advice referred to in subsection (1) must be given no later than 30 days after the cancellation or change in the terms or conditions. page 36 Dental Bill 2005 Disciplinary and impairment matters Part 5 Preliminary Division 1 s. 51 Part 5 -- Disciplinary and impairment matters Division 1 -- Preliminary 51. Disciplinary matters The following are disciplinary matters -- 5 (a) that a dentist or dental prosthetist has contravened a condition applying to that person's registration; (b) that a dental hygienist, dental therapist or school dental therapist has contravened a condition applying to that person's registration or the performance by the person of 10 the acts of dentistry that may be performed by a dental hygienist, dental therapist or school dental therapist, as the case may be; (c) that a person in the course of his or her practise as a dentist or dental prosthetist or employment as a dental 15 hygienist, dental therapist or school dental therapist -- (i) acted carelessly; (ii) acted incompetently; (iii) acted improperly; (iv) breached this Act; 20 (v) failed to comply with an undertaking given to the Board under this Act; (vi) provided services that were excessive, unnecessary or not reasonably necessary for the recipient's wellbeing; 25 (d) that a person has been convicted of an offence the nature of which renders the person unfit to practise as a dentist or dental prosthetist or to be employed as a dental hygienist, dental therapist or school dental therapist, as the case may be. page 37 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 2 Committees s. 52 52. Impairment matters The following are impairment matters -- (a) that a person is affected by his or her use of or dependence on alcohol or a drug to such an extent that 5 the ability of the person to practise dentistry or dental prosthetics or to be employed as a dental hygienist, dental therapist or school dental therapist, as the case may be, is or is likely to be affected; (b) that a person suffers from an impairment to such an 10 extent that the ability of the person to practise dentistry or dental prosthetics or to be employed as a dental hygienist, dental therapist or school dental therapist, as the case may be, is or is likely to be affected. Division 2 -- Committees 15 53. Complaints assessment committee (1) The Board is to establish a committee to be known as the complaints assessment committee. (2) The complaints assessment committee is to consist of the following 4 persons appointed in writing by the Board from 20 time to time -- (a) 2 registered persons (who may be members of the Board); (b) a person who is not a registered person and is not qualified to be registered as a registered person; 25 (c) such other person (including a registered person or member of the Board) as the Board considers appropriate. (3) The Board is to appoint a member of the complaints assessment committee to be the committee's chairperson. 30 (4) The complaints assessment committee is to submit an annual report to the Board as soon as is practicable after 30 June in page 38 Dental Bill 2005 Disciplinary and impairment matters Part 5 Committees Division 2 s. 54 each year in respect of the functions performed by the committee during the year that ended on that day. (5) A notice or appointment authorised by this Act to be given or made by the complaints assessment committee is taken to have 5 been given or made by the committee if it is signed on behalf of the committee -- (a) by the chairperson of the committee; or (b) by some other person authorised by the committee to sign the notice or appointment. 10 54. Impairment review committee (1) The Board may establish a committee to be known as the impairment review committee. (2) The impairment review committee is to consist of the following 3 persons appointed in writing by the Board from time to 15 time -- (a) a registered person (who may be a member of the Board); (b) a medical practitioner; (c) such other person (including a registered person or 20 member of the Board) as the Board considers appropriate. (3) The Board is to appoint a member of the impairment review committee to be the committee's chairperson. (4) A notice or appointment authorised by this Act to be given or 25 made by the impairment review committee is taken to have been given or made by the committee if it is signed on behalf of the committee -- (a) by the chairperson of the committee; or (b) by some other person authorised by the committee to 30 sign the notice or appointment. page 39 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 3 Complaints s. 55 Division 3 -- Complaints 55. Complaints (1) A person may lodge a complaint in relation to an impairment matter with the complaints assessment committee in relation to 5 a registered person. (2) A person may lodge a complaint in relation to a disciplinary matter with the complaints assessment committee in relation to -- (a) a person who is a registered person; or 10 (b) a person who was a registered person when the disciplinary matter allegedly occurred but who is no longer a registered person. (3) If the Director refers a complaint to the Board under the Health Services (Conciliation and Review) Act 1995 section 31 or 15 43(3), the Board is to refer the complaint to the complaints assessment committee. (4) The complaints assessment committee may determine that an impairment matter or a disciplinary matter is to be dealt with as if it were the subject of a complaint lodged with the committee, 20 despite no complaint having been made to it. (5) The complaints assessment committee is not to make a determination under subsection (4) unless it is of the opinion that -- (a) in respect of a person who is a registered person when 25 the determination is made, there is cause to investigate whether an impairment matter or a disciplinary matter exists or has occurred; or (b) in respect of a person who was a registered person when the disciplinary matter allegedly occurred, there is cause 30 to investigate whether a disciplinary matter occurred. page 40 Dental Bill 2005 Disciplinary and impairment matters Part 5 Complaints Division 3 s. 56 56. Complaints assessment committee to determine action required (1) The complaints assessment committee is to decide in respect of a complaint -- 5 (a) if the committee is of the opinion that the complaint requires action under Division 4, to refer it to the Board for action under that Division; (b) to reject the complaint under section 57; (c) in the case of a complaint relating to a disciplinary 10 matter, to deal with the complaint under subsection (3) or section 61; or (d) in the case of a complaint relating to an impairment matter, to refer the complaint to the impairment review committee. 15 (2) To enable the complaints assessment committee to make a decision under subsection (1) the committee may make such inquiries as it considers appropriate. (3) If the complaint relates to a disciplinary matter referred to in section 51(c)(v), the complaints assessment committee may 20 recommend to the Board that it make an allegation to the State Administrative Tribunal based on the complaint that gave rise to the undertaking. 57. Complaints assessment committee may reject certain complaints 25 (1) The complaints assessment committee may at any time before deciding to -- (a) refer a complaint to the impairment review committee under section 56(1)(d); or (b) make a recommendation to the Board under 30 section 56(3) or 61, reject a complaint if it is of the opinion that the complaint is frivolous, vexatious or without substance. page 41 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 4 Summary orders of Board s. 58 (2) Within 7 days of making a decision under subsection (1), the complaints assessment committee is to give written notice to the complainant, if any, that the complaint is rejected and in the notice is to give short particulars of the reasons for the decision. 5 Division 4 -- Summary orders of Board 58. Interim orders by Board (1) If the Board is of the opinion that an activity of a registered person or dental student involves or will involve a risk of imminent injury or harm to the physical or mental health of any 10 person, the Board may, without further inquiry, do any or all of the following -- (a) give to the registered person or dental student who is carrying on that activity an order prohibiting the carrying on of the activity for a period of not more than 15 30 days; (b) in the case of a registered person, give to the registered person an order to comply, for a period of not more than 30 days, with such conditions as the Board thinks fit in relation to -- 20 (i) in the case of a dentist or dental prosthetist, his or her registration as a dentist or dental prosthetist; (ii) in the case of a dental hygienist, dental therapist or school dental therapist, employment as a 25 dental hygienist, dental therapist or school dental therapist; (c) in the case of a registered person, give to the registered person an order suspending the person's registration, either generally or in relation to any specified 30 circumstances or service, for a period of not more than 30 days; page 42 Dental Bill 2005 Disciplinary and impairment matters Part 5 Summary orders of Board Division 4 s. 58 (d) in the case of a dental student, give to the dental student -- (i) an order to comply, for a period of not more than 30 days, with such conditions as the Board thinks 5 fit in relation to the student's participation in dental training; or (ii) an order suspending the student from dental training for a period of not more than 30 days. (2) An order made under subsection (1) must -- 10 (a) state that the Board is of the opinion that the activity of the registered person or dental student involves or will involve a risk of imminent injury or harm to the physical or mental health of any person; (b) specify the activity that in the Board's opinion involves 15 or will involve the risk and the matters that give or will give rise to the risk; and (c) advise that, within 14 days of the making of the order, the Board will revoke the order or make an allegation about the matter to the State Administrative Tribunal. 20 (3) The Board must give a copy of an order referred to in subsection (1) relating to a dental student to the head of the school of dentistry at the tertiary institution at which the student is enrolled. (4) The Board may, by subsequent order given to the person to 25 whom the order made under subsection (1) was given, revoke or vary the original order at any time before making an allegation about the matter to the State Administrative Tribunal under section 59. (5) The Board may deal under this section with a complaint even 30 if -- (a) the Board, the impairment review committee or the complaints assessment committee is already dealing page 43 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 4 Summary orders of Board s. 59 with the complaint, or a complaint including elements of the first-mentioned complaint, under this Act; or (b) the same complaint, or a complaint including elements of the complaint before the Board, has been made under 5 the Health Services (Conciliation and Review) Act 1995 or is being treated as a complaint that was made under that Act. 59. Complaint dealt with summarily to be referred to the State Administrative Tribunal 10 (1) Within 14 days of making an order under section 58, if that order is not revoked under section 58(4), the Board is to -- (a) make an allegation about the matter in respect of which the order was made to the State Administrative Tribunal; and 15 (b) order that any other proceedings under this Part in respect of the matter commenced before the making of the order be discontinued. (2) Upon an allegation made under subsection (1) the State Administrative Tribunal may, in addition to any other order it 20 may make, affirm or revoke an order under section 58(1) or vary the order by extending the period for which it applies or in any other respect. 60. Complaint not dealt with summarily to be referred to relevant committee 25 If the Board does not make an order under section 58 in respect of a complaint referred to it under section 56(1)(a) then the Board is to -- (a) refer the complaint to the complaints assessment committee, if the complaint relates to a disciplinary 30 matter; or (b) refer the complaint to the impairment review committee, if the complaint relates to an impairment matter. page 44 Dental Bill 2005 Disciplinary and impairment matters Part 5 Disciplinary matters Division 5 s. 61 Division 5 -- Disciplinary matters 61. Investigation and recommendation (1) If the complaints assessment committee has made a decision to deal with a complaint relating to a disciplinary matter under this 5 section or has had a complaint referred back to it under section 60, the complaints assessment committee is to investigate the complaint. (2) On completion of the investigation the complaints assessment committee is to make a recommendation to the Board -- 10 (a) to make a summary order under Division 4 (unless the complaint was referred back to the committee under section 60); (b) if the complaint comes within the Health Services (Conciliation and Review) Act 1995 section 25, not 15 being a complaint referred to the Board under section 31 or 43(3) of that Act, to give a copy of the complaint to the Director; (c) if paragraph (b) does not apply, to attempt to settle the complaint by conciliation; 20 (d) to caution or reprimand the respondent; (e) to accept an undertaking from the respondent to take or refrain from action specified in the recommendation; (f) to make an allegation about the complaint to the State Administrative Tribunal; or 25 (g) to take no further action. (3) The complaints assessment committee is not to make a recommendation under subsection (2)(c) unless it is satisfied that the matter can be dealt with satisfactorily by informal procedures. 30 (4) The complaints assessment committee may recommend to the Board that it take action under both subsection (2)(d) and (e) in respect of a complaint. page 45 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 5 Disciplinary matters s. 62 62. Role of Board (1) The Board is to consider the recommendation of the complaints assessment committee under section 61(2) and may either -- (a) act on the recommendation of the complaints assessment 5 committee; or (b) take action of a kind referred to in section 61(2) other than that recommended by the complaints assessment committee. (2) The Board is not to take action of a kind referred to in 10 section 61(2)(c) unless it is satisfied that the matter can be dealt with satisfactorily by informal procedures. (3) The Board may take action under both section 61(2)(d) and (e) in respect of a complaint. (4) Within 7 days of making a decision under subsection (1), the 15 Board is to give written notice to the complainant, if any, and the respondent of the action proposed to be taken by the Board together with short particulars of the reasons for the decision. 63. Alternative to making allegation to the State Administrative Tribunal 20 (1) If the Board -- (a) is of the opinion that a proceeding before the Tribunal is not warranted by the nature of the allegation; (b) has afforded to the person concerned the opportunity of giving an explanation to the Board either in person or in 25 writing and is not satisfied by any explanation offered; and page 46 Dental Bill 2005 Disciplinary and impairment matters Part 5 Disciplinary matters Division 5 s. 63 (c) has afforded to the person concerned the option of the matter proceeding before the Tribunal and that option has not been taken up, the Board, instead of making an allegation to the State 5 Administrative Tribunal under section 62(1), may -- (d) if the person is a registered person, order that the particulars entered in the register in relation to that person be amended; (e) caution or reprimand that person; 10 (f) if the person is a registered person, require that person to give an undertaking to the Board, either with or without security, for such period as is specified -- (i) in relation to his or her future conduct as a registered person; or 15 (ii) to comply with such conditions as are specified in relation to his or her registration as a dentist, dental hygienist, dental prosthetist, dental therapist or school dental therapist; or 20 (g) order that person to pay to the Board a penalty not exceeding $2 500. (2) The Board may, in addition to or instead of imposing one or more of the penalties specified in subsection (1), order the person concerned to pay such costs and expenses of or 25 incidental to the proceedings as the Board thinks fit. (3) Where any penalty, costs or expenses are ordered to be paid under this section the amount ordered to be paid is recoverable in any court of competent jurisdiction as a debt due to the Board. 30 (4) Within 7 days of making a decision under subsection (1)(d) to (g) or (2), the Board is to give written notice to the complainant, if any, and the respondent of the decision together with short particulars of the reasons for the decision. page 47 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 6 Impairment matters s. 64 Division 6 -- Impairment matters 64. Request by registered person for imposition of condition (1) A-- (a) dentist or dental prosthetist; or 5 (b) dental hygienist, dental therapist or school dental therapist, who believes that his or her ability to -- (c) practise dentistry or dental prosthetics; or (d) carry out his or her employment or perform the acts of 10 dentistry that may be performed by a dental hygienist, dental therapist or school dental therapist, is affected because of an impairment matter may ask the Board to impose a condition with respect to his or her registration. (2) If the Board and the person agree upon the condition to be 15 imposed, the Board is to impose that condition with respect to his or her registration. (3) If the Board and the person do not agree upon the condition to be imposed, the Board is to refer the matter to the impairment review committee for investigation under this Division. 20 65. Revocation of condition The Board may revoke a condition imposed under section 64 if the registered person satisfies the impairment review committee that his or her ability to practise dentistry or dental prosthetics or carry out his or her employment or perform the acts of 25 dentistry that may be performed by a dental hygienist, dental therapist or school dental therapist, as the case may be, is no longer affected because of the impairment matter that gave rise to the imposition of the condition. page 48 Dental Bill 2005 Disciplinary and impairment matters Part 5 Impairment matters Division 6 s. 66 66. Investigation The impairment review committee is to investigate a complaint referred to it. 67. Registered person to be notified about investigation 5 (1) The impairment review committee is to give written notice of the investigation to the registered person to whom the complaint relates. (2) The notice must -- (a) advise the registered person of the nature of the 10 impairment matter to be investigated; (b) if the impairment review committee considers that an examination of the registered person is necessary, ask the registered person to advise the committee as to whether or not he or she will agree to undergo an 15 examination relating to the impairment matter within a period specified by the committee in the notice; and (c) contain a brief summary of the effect of this Division. 68. Examination (1) If the registered person agrees to undergo an examination within 20 the period specified in the notice under section 67(2)(b), the registered person is to be examined by a medical practitioner agreed upon by the impairment review committee and the registered person. (2) If the impairment review committee and the registered person 25 are unable to agree upon the person to conduct the examination, the Board is to appoint a medical practitioner to perform the examination. (3) The Board is to pay for an examination conducted under this section and a report provided under section 69. 30 (4) If the registered person does not agree to undergo an examination within the period specified in the notice under page 49 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 6 Impairment matters s. 69 section 67(2)(b) or does not abide by an agreement to undergo such an examination, the impairment review committee is to recommend to the Board that the Board make an allegation about the complaint to the State Administrative Tribunal. 5 69. Report of examination (1) A medical practitioner who conducts an examination under section 68 is to give a report of the examination to the impairment review committee and, not more than 7 days later, the committee is to give a copy of the report to the registered 10 person. (2) Despite subsection (1), if it appears to the impairment review committee that the disclosure to the registered person of information in the report might be prejudicial to the physical or mental health or wellbeing of the registered person, the 15 committee may decide not to give that report to the registered person but to give it instead to a medical practitioner or another registered person with the same type of registration as the registered person nominated by the registered person. (3) If the registered person does not nominate a medical practitioner 20 or another registered person with the same type of registration as the registered person to the impairment review committee within 7 days of being requested to do so by the committee, the committee may give the report to a medical practitioner or another registered person with the same type of registration as 25 the registered person selected by the committee. (4) The registered person may make written representations to the impairment review committee with respect to the report within 7 days after the report is given to him or her or the medical practitioner or registered person nominated by him or her or 30 selected by the committee. page 50 Dental Bill 2005 Disciplinary and impairment matters Part 5 Impairment matters Division 6 s. 70 70. Role of the impairment review committee (1) On completion of the investigation of a registered person and after considering -- (a) any report given to the committee under section 69(1); 5 and (b) any representations made by the registered person under section 69(4), the impairment review committee is to decide whether or not further action should be taken. 10 (2) If the impairment review committee decides that further action should be taken, it is to request that the registered person consent -- (a) to the imposition of conditions on his or her registration; (b) to the person's registration being suspended, for a 15 period, not exceeding 2 years, specified by the impairment review committee; or (c) to undergo counselling specified by the impairment review committee. (3) If the impairment review committee decides that no further 20 action should be taken it is to give written advice to that effect to -- (a) the Board; (b) the complainant, if any; and (c) the registered person. 25 71. Recommendation (1) If the registered person does not consent to a request made under section 70(2) within 10 days of the request being made, the impairment review committee is to recommend to the Board that the Board make an allegation about the complaint to the 30 State Administrative Tribunal. page 51 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 6 Impairment matters s. 72 (2) If the registered person does consent to a request made under section 70(2) within 10 days of the request being made, the impairment review committee is to recommend to the Board that the Board take any action to which the registered person 5 consented. (3) A recommendation made under subsection (1) or (2) must be made in writing and contain details of the committee's investigation of the registered person. 72. Role of Board 10 (1) The Board is to consider a recommendation of the impairment review committee and may -- (a) decide not to take any action; (b) take any action to which the registered person consented under section 70(2); or 15 (c) make an allegation about the complaint to the State Administrative Tribunal. (2) For the purpose of taking action to which the registered person consented under section 70(2), the Board may -- (a) impose the conditions to which the registered person 20 consented; (b) suspend the person's registration for the period specified by the impairment review committee; or (c) obtain an undertaking from the registered person to undergo the counselling specified by the impairment 25 review committee, as the case may require. (3) Within 7 days of making a decision under subsection (1) or (2), the Board is to give written notice to the registered person and the complainant, if any, of the decision together with short 30 particulars of the reasons for the decision. page 52 Dental Bill 2005 Disciplinary and impairment matters Part 5 Investigator's role and powers Division 7 s. 73 Division 7 -- Investigator's role and powers 73. Interpretation In this Division -- "appointing body", in relation to an investigator, means the 5 Board or the complaints assessment committee which appointed the investigator. 74. Investigator (1) The Board or the complaints assessment committee may appoint a person to investigate a complaint and report to the Board or 10 committee. (2) An appointing body is to issue to each investigator it appoints a certificate of appointment in an approved form. (3) A certificate purporting to have been issued under this section is evidence in any court of the appointment to which the certificate 15 purports to relate. 75. Report of investigator (1) An investigator is to -- (a) within such period as the appointing body requires prepare a report on the investigation, and make 20 recommendations as to the manner in which the complaint should be dealt with; and (b) immediately after preparing the report, provide the appointing body with a copy of the report. (2) The investigator is to return his or her certificate of appointment 25 at the time the appointing body is provided with a copy of the report. page 53 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 7 Investigator's role and powers s. 76 76. Powers of investigator (1) An investigator may for the purposes of an investigation -- (a) enter and inspect the premises named in a warrant issued under section 78(1), and exercise the powers authorised 5 under section 78(2)(b) and (c); (b) require a person to produce to the investigator any document or other thing concerning the investigation that is in the possession or under the control of the person; 10 (c) inspect any document or other thing produced to the investigator and retain it for such reasonable period as the investigator thinks fit, and make copies of a document or any of its contents; (d) require a person -- 15 (i) to give the investigator such information as the investigator requires; and (ii) to answer any question put to that person, in relation to the matter the subject of the investigation; and 20 (e) exercise other powers conferred on an investigator by the regulations. (2) A requirement made under subsection (1)(b) -- (a) must be made by notice in writing given to the person required to produce the document or other thing; 25 (b) must specify the time at or within which the document or other thing is to be produced; (c) may, by its terms, require that the document or other thing required be produced at a place and by means specified in the requirement; and 30 (d) where the document required is not in a readable format, is to be treated as a requirement to produce -- (i) the document itself; and page 54 Dental Bill 2005 Disciplinary and impairment matters Part 5 Investigator's role and powers Division 7 s. 76 (ii) the contents of the document in a readable format. (3) A requirement made under subsection (1)(d) -- (a) may be made orally or by notice in writing served on the 5 person required to give information or answer a question, as the case may be; (b) must specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and 10 (c) may, by its terms, require that the information or answer required -- (i) be given orally or in writing; (ii) be given at or sent or delivered to a place specified in the requirement; 15 (iii) in the case of written information or answers be sent or delivered by means specified in the requirement; or (iv) be verified by statutory declaration. (4) If under subsection (1)(b) an investigator requires a person to 20 produce any document or other thing concerning the investigation that is in the possession or under the control of the person, the investigator is to inform that person that the person is required under this Act to produce the document or thing. (5) If under subsection (1)(d) an investigator requires a person to 25 give information or answer a question, the investigator is to inform that person that the person is required under this Act to give the information or answer the question. (6) An investigator is to produce his or her certificate of appointment if requested to do so by a person in respect of 30 whom the investigator has exercised, or is about to exercise, a power under this section. page 55 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 7 Investigator's role and powers s. 77 77. Warrant to enter premises (1) If the Board has determined in a particular case that an investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of substantiating a 5 complaint that may involve a threat to the physical or mental health of a person the investigator may apply to a magistrate for a warrant to be issued in respect of those premises. (2) An application for a warrant must -- (a) be in writing; 10 (b) be accompanied by a notice in writing from the Board stating that it has determined in the particular case that the investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of substantiating a complaint that may involve a threat to 15 the physical or mental health of a person; (c) set out the grounds for seeking the warrant; and (d) describe the premises that are to be entered. (3) A magistrate to whom an application is made under this section is to refuse it if -- 20 (a) the application does not comply with the requirements of this Act; or (b) when required to do so by the magistrate, the investigator does not give to the magistrate more information about the application. 25 (4) The information in an application or given to a magistrate under this section must be verified before the magistrate on oath or affirmation or by affidavit, and the magistrate may for that purpose administer an oath or affirmation or take an affidavit. 78. Issue of warrant 30 (1) A magistrate to whom an application is made under section 77 may issue a warrant, if satisfied that there are reasonable page 56 Dental Bill 2005 Disciplinary and impairment matters Part 5 Investigator's role and powers Division 7 s. 79 grounds for believing that entry and inspection of the premises are necessary for the purpose referred to in that section. (2) A warrant under subsection (1) authorises the investigator -- (a) to enter and inspect the premises named in the warrant; 5 (b) to require a person on the premises to answer questions or produce documents or other things concerning the investigation that are in the possession or under the control of the person; and (c) to inspect documents and other things, and take copies 10 of or extracts from documents, produced in compliance with a requirement made under paragraph (b). (3) There must be stated in a warrant -- (a) the purpose for which the warrant is issued; (b) the name of the person to whom the warrant is issued; 15 and (c) a description of the premises that may be entered. (4) A magistrate who issues a warrant is to cause a record to be made of particulars of the grounds that the magistrate has relied on to justify the issue of the warrant. 20 79. Execution of warrant (1) If asked by an occupier, or a person in charge, of premises, the person executing a warrant at those premises is to produce it for inspection. (2) A warrant ceases to have effect -- 25 (a) at the end of the period of one month after its issue; (b) if it is withdrawn by the magistrate who issued it; or (c) when it is executed, whichever occurs first. page 57 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 8 Conciliation s. 80 Division 8 -- Conciliation 80. Conciliation process (1) If an attempt is to be made to settle a complaint by conciliation, the Board is to refer the complaint to the complaints assessment 5 committee. (2) The complaints assessment committee is to commence conciliation procedures within 14 days of the complaint being referred to it under subsection (1) and may for that purpose -- (a) cause conferences of the complainant or person affected 10 by the conduct of the respondent and the respondent, or their representatives, to be arranged and to be presided over by a person appointed in accordance with the regulations; (b) give advice and make recommendations to assist in the 15 reaching of an agreement; and (c) cause the persons concerned, or any of them, either separately or together, to appear before the complaints assessment committee. (3) The Board may, with the consent of each of the parties to that 20 agreement, by order give effect to an agreement negotiated under this Division. (4) If the Board makes an order under subsection (3) -- (a) the terms of the agreement reached between the parties referred to in the order are final and binding on those 25 parties; and (b) the order may include any action that might have been taken by the State Administrative Tribunal under section 82(1) or 83(1). (5) Evidence of anything lawfully said or done, or any record 30 prepared and produced for the purpose of conciliation, by a person in the course of the conciliation process is not to be used in any subsequent consideration of the complaint by the Board page 58 Dental Bill 2005 Disciplinary and impairment matters Part 5 Role of the State Administrative Tribunal Division 9 s. 81 nor, unless that person waives the right to object, is it admissible in evidence against that person in any subsequent civil proceedings concerning the subject matter of the complaint. 81. Action if conciliation fails 5 If -- (a) the conciliation process fails to result in an agreement between the complainant or other person affected by the conduct of the respondent and the respondent; (b) the Board is satisfied that the parties are not cooperating 10 with the conciliation process; or (c) the Board is not satisfied with the result of the conciliation process, the Board is to -- (d) make a summary order under Division 4; 15 (e) investigate the complaint; or (f) make an allegation about the complaint to the State Administrative Tribunal. Division 9 -- Role of the State Administrative Tribunal 82. Powers of the State Administrative Tribunal on dealing with 20 a disciplinary matter (1) If, in a proceeding commenced by an allegation under this Act against a registered person, the State Administrative Tribunal is of the opinion that a disciplinary matter exists in relation to the person, the Tribunal may do one or more of the following -- 25 (a) decline to make an order or a requirement under this subsection; (b) order the registrar to amend the particulars entered in the register in respect of the person; (c) caution or reprimand the person; page 59 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 9 Role of the State Administrative Tribunal s. 82 (d) if the person is a dentist or dental prosthetist require the person -- (i) if the patient agrees, to provide further services to a patient at no cost or at an amount determined 5 by the Tribunal; (ii) to pay, wholly or in part, for further services to be provided to a patient by another dentist or dental prosthetist; or (iii) to reduce or refund the amount of any fees paid 10 in respect of services provided to a patient, to such an extent as is determined by the Tribunal; (e) order that the person comply with such conditions as the Tribunal may impose on the registration of that person; (f) require the person to complete educational or clinical 15 courses, or both, as specified in the order or, in the case of a dentist or dental prosthetist, to practise under supervision as specified in the order for a period specified in the order; (g) in the case of a dentist or dental prosthetist, require the 20 person to seek and implement, within a period specified in the order, advice from a person or persons specified in the order in relation to the management and conduct of the person's practice, or the specific part or aspect of the practice specified in the order; 25 (h) order the person to pay a penalty not exceeding $25 000; (i) order that the person's registration be cancelled and name be removed from the register; (j) order that the person's registration be suspended, either generally or in relation to any specified circumstances or 30 service, for a period, not exceeding 2 years, specified in the order. (2) If, in a proceeding commenced by an allegation under this Act against a person who was a registered person when the disciplinary matter allegedly occurred but who is no longer a page 60 Dental Bill 2005 Disciplinary and impairment matters Part 5 Role of the State Administrative Tribunal Division 9 s. 83 registered person, the State Administrative Tribunal is of the opinion that a disciplinary matter exists in relation to that person, the only powers that the Tribunal may exercise are the powers in subsection (1)(a), (c), (d)(ii) and (iii) and (h). 5 83. Powers of the State Administrative Tribunal on dealing with an impairment matter (1) If, in a proceeding commenced by an allegation under section 72(1)(c), the State Administrative Tribunal is of the opinion that an impairment matter exists in relation to a 10 registered person, the Tribunal may do one or more of the following -- (a) decline to make an order or a requirement under this subsection; (b) order that the person comply with such conditions as the 15 Tribunal may impose on the registration of that person; (c) require the person to seek and undergo medical treatment or counselling specified by the Tribunal; (d) order that the person's registration be suspended, either generally or in relation to any specified circumstances or 20 service, for the period of time, not exceeding 2 years, specified by the State Administrative Tribunal in the order. (2) If, during the course of hearing an allegation in respect of an impairment matter, the State Administrative Tribunal 25 determines that the allegation involves a disciplinary matter, the Tribunal may deal with it under section 82(1) or (2) instead of under this section. page 61 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 10 Dental students s. 84 Division 10 -- Dental students 84. Impaired ability to participate in dental training (1) If the Board believes on reasonable grounds that a dental student's ability to participate in dental training is affected 5 by -- (a) his or her use of or dependence on alcohol or a drug; or (b) an impairment, to such an extent that the student's participation in that training safely and competently is, or is likely to be, adversely affected, 10 the Board may refer the matter to the head of the school of dentistry at the tertiary institution at which the student is enrolled. (2) If the dental student and the head of the school of dentistry agree on a condition to ensure that the student can participate in 15 dental training safely and competently and the student fails to comply with that condition, or the dental student and the head of the school of dentistry cannot agree on such a condition, the head of the school of dentistry may refer the matter to the Board. 20 (3) If a matter is referred to the Board under subsection (2), the Board may order the dental student to submit to an examination under section 69 by a medical practitioner appointed by the Board. (4) The Board is to pay for an examination conducted under this 25 section and a report provided by the medical practitioner. (5) A medical practitioner who conducts an examination under this section is to give a report of the examination to the Board and, not more than 7 days later, the Board is to give a copy of the report to the dental student. 30 (6) Despite subsection (5), if it appears to the Board that the disclosure to the dental student of information in the report might be prejudicial to the physical or mental health or page 62 Dental Bill 2005 Disciplinary and impairment matters Part 5 Dental students Division 10 s. 85 wellbeing of the dental student, the Board may decide not to give that report to the dental student but to give it instead to a medical practitioner nominated by the dental student. (7) If the dental student does not nominate a medical practitioner to 5 the Board within 7 days of being requested to do so by the Board, the Board may give the report to a medical practitioner selected by the Board. (8) The dental student may make written representations to the Board with respect to the report within 7 days after the report is 10 given to him or her or the medical practitioner nominated by him or her or selected by the Board. (9) If a dental student, without reasonable excuse, fails to comply with an order to submit to an examination by a medical practitioner nominated by the Board, the Board may make an 15 allegation to the State Administrative Tribunal that there is proper cause for action to be taken under section 86. (10) A dental student who is required to submit, within the time specified by the Board, to an examination by a medical practitioner nominated by the Board may apply, in writing, to 20 the Board to review the order. (11) If an application is made under subsection (10), the Board must refer the matter to an impairment review committee to review the order and report to the Board. (12) On receipt of a report under subsection (11) the Board must -- 25 (a) revoke or amend the order; or (b) confirm the order. 85. Referral to impairment review committee (1) After considering any report given to the Board in relation to a dental student under section 84(5), the Board may refer the 30 matter and the medical report to an impairment review committee. page 63 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 10 Dental students s. 85 (2) After considering -- (a) the medical report; (b) giving the dental student an opportunity to make a written submission to the committee or attend before, 5 and make a representation to, the committee; and (c) having regard to any submission or representation made by the dental student, the impairment review committee may make any one or more of the following recommendations to the Board -- 10 (d) that the Board take no further action in relation to the matter; (e) if the dental student consents -- (i) to undergo counselling specified by the impairment review committee; 15 (ii) to the imposition of conditions on his or her involvement in dental training; (iii) to cease participating in dental training for a period specified by the impairment review committee, 20 that the Board take any action to or in relation to which the dental student consented; (f) that the Board require the dental student to undergo counselling specified by the impairment review committee; 25 (g) that the Board impose conditions specified by the committee on the dental student's participation in dental training; (h) that the Board make an allegation to the State Administrative Tribunal that there is proper cause for 30 action to be taken under section 86. page 64 Dental Bill 2005 Disciplinary and impairment matters Part 5 Dental students Division 10 s. 86 (3) The Board must consider the recommendation of the impairment review committee and either -- (a) act on the recommendation; or (b) take action of a kind referred to in subsection (2)(d) 5 to (h) other than that recommended by the committee. (4) For the purpose of taking action of a type referred to in subsection (2)(e), the Board may -- (a) obtain an undertaking from the dental student to undergo the counselling specified by the impairment review 10 committee or the Board; (b) require the dental student to comply with a condition to which the dental student consented; or (c) require the dental student not to participate in dental training for a period specified by the impairment review 15 committee or the Board, as the case may require. 86. Powers of State Administrative Tribunal in relation to dental student (1) If, in a proceeding commenced by an allegation under 20 section 59(1), 84(9) or 85(3) in relation to a dental student, the State Administrative Tribunal is of the opinion that there is proper cause to take action for a reason referred to in section 84(1)(a) or (b), it may, by order, prohibit the dental student from participation in dental training for a period 25 specified in the order or if no period is specified, indefinitely. (2) On the application of the Board or the person the subject of an order under subsection (1), the State Administrative Tribunal may amend or revoke the order if the Tribunal considers it appropriate to do so. page 65 Dental Bill 2005 Part 5 Disciplinary and impairment matters Division 11 Miscellaneous s. 87 Division 11 -- Miscellaneous 87. Suspension (1) If, under section 58(1)(c), 72(2)(b), 82(1)(j) or 83(1)(d), a person's registration in relation to a specified type of 5 registration is suspended generally, the person is to be regarded as not being registered in relation to that type of registration during the period of the suspension. (2) If, under section 58(1)(c), 82(1)(j) or 83(1)(d), a person's registration in relation to a specified type of registration is 10 suspended in relation to any specified circumstances or service, the person is to be regarded as not being registered in relation to that type of registration during the period of the suspension in relation to the circumstances or the performance of the service specified in the order of suspension. 15 (3) The Board may, by notice in writing, revoke a suspension, either generally or to a specified extent, and may direct in the notice that the revocation has effect from a date specified in the notice. (4) The Board cannot revoke a suspension that was imposed by the 20 State Administrative Tribunal under section 82(1)(j) or 83(1)(d) unless it has applied for, and obtained, the approval of the Tribunal to do so. 88. Costs and recovery (1) The Board may, in addition to or instead of exercising a power 25 under section 62(1) or 72(1), order the respondent to pay such costs and expenses of or arising from the investigation and exercise of that power as the Board thinks fit. (2) Any costs or expenses ordered to be paid under this section are recoverable by the Board in a court of competent jurisdiction as 30 a debt due to the Board. page 66 Dental Bill 2005 Offences Part 6 s. 89 Part 6 -- Offences 89. Persons who may practise dentistry or dental prosthetics (1) A person must not practise dentistry unless that person is a dentist. 5 (2) Subsection (1) does not apply to a dental prosthetist practising dental prosthetics. (3) A person must not practise dental prosthetics unless that person is a dental prosthetist. (4) Subsection (3) does not apply to a dentist practising dental 10 prosthetics. Penalty applicable to subsections (1) and (3): (a) in the case of an individual -- (i) for a first offence, $5 000; and a daily penalty of $200; 15 (ii) for a second or subsequent offence, $10 000; and a daily penalty of $400; (b) in any other case -- (i) for a first offence, $10 000; and a daily penalty of $400; 20 (ii) for a second or subsequent offence, $20 000; and a daily penalty of $800. 90. Persons who may be employed or engaged to practise dentistry or dental prosthetics (1) A person must not employ or engage a person to practise 25 dentistry unless the person employed or engaged is a dentist. (2) Subsection (1) does not apply to a person who employs or engages a dental prosthetist to practise dental prosthetics. (3) A person must not employ or engage a person to practise dental prosthetics unless the person employed or engaged is a dental 30 prosthetist. page 67 Dental Bill 2005 Part 6 Offences s. 91 (4) Subsection (3) does not apply to a person who employs or engages a dentist to practise dental prosthetics. Penalty applicable to subsections (1) and (3): (a) in the case of an individual -- 5 (i) for a first offence, $5 000; and a daily penalty of $200; (ii) for a second or subsequent offence, $10 000; and a daily penalty of $400; (b) in any other case -- 10 (i) for a first offence, $10 000; and a daily penalty of $400; (ii) for a second or subsequent offence, $20 000; and a daily penalty of $800. 91. Exceptions to sections 89 and 90 15 (1) In this section -- "dental prosthetics student" means a person who is enrolled as a student and is studying for a qualification in dental prosthetics referred to in section 27(2)(f). (2) For the purposes of sections 89 and 90, a person is not 20 practising dentistry only because -- (a) the person is a dental student; or (b) the person employs or engages a person who practises dentistry. (3) For the purposes of sections 89 and 90, a person is not 25 practising dental prosthetics only because -- (a) the person is a dental prosthetics student or a dental student; or (b) the person employs or engages a person who practises dental prosthetics. page 68 Dental Bill 2005 Offences Part 6 s. 92 92. Persons who may perform acts of dentistry A person must not perform an act of dentistry prescribed for the purpose of section 36, 37 or 39 unless that person is -- (a) a dentist; 5 (b) a dental hygienist who performs under the direction and control of a dentist an act of dentistry authorised under section 36; (c) a dental therapist who performs under the direction and control of a dentist an act of dentistry authorised under 10 section 37; (d) a school dental therapist who performs an act of dentistry authorised under section 39; (e) a person who, while undertaking a course of training prescribed by the regulations, performs the act of 15 dentistry under the direction of a dentist; or (f) a person who, while being assessed by a person approved by the Board for the purposes of section 27(2)(e), performs the act of dentistry under the direction of the approved person. 20 Penalty: (a) in the case of an individual -- (i) for a first offence, $5 000; and a daily penalty of $200; (ii) for a second or subsequent offence, $10 000; 25 and a daily penalty of $400; (b) in any other case -- (i) for a first offence, $10 000; and a daily penalty of $400; (ii) for a second or subsequent offence, $20 000; 30 and a daily penalty of $800. page 69 Dental Bill 2005 Part 6 Offences s. 93 93. Restrictions relating to full or partial artificial dentures (1) Despite anything in this Act, a dental prosthetist must not fit, construct, insert, repair or renew a partial artificial denture unless that person -- 5 (a) holds a qualification; or (b) has successfully completed a course of training, prescribed by the regulations. (2) Despite anything in this Act, a dental prosthetist must not -- (a) fit or insert a full or partial artificial denture that is 10 attached to a dental implant; or (b) fit or insert a full or partial artificial denture that sits on, covers or is over a dental implant, unless the denture is fitted or inserted under the direction and control of a dentist. 15 Penalty: (a) for a first offence, $2 500; and a daily penalty of $100; (b) for a second or subsequent offence, $5 000; and a daily penalty of $200. 20 94. Use of certain titles or pretending to be registered (1) A person must not -- (a) use the title "dentist", "dental surgeon" or "dental practitioner" unless the person is a dentist; (b) use the title "dental prosthetist" unless the person is a 25 dental prosthetist; (c) use the title "dental hygienist" unless the person is a dental hygienist; (d) use the title "dental therapist" unless the person is a dental therapist; 30 (e) use the title "school dental therapist" unless the person is a school dental therapist; page 70 Dental Bill 2005 Offences Part 6 s. 95 (f) advertise or otherwise hold out or imply, that the person is registered or entitled, either alone or with others, to practise dentistry, unless that person is a dentist; (g) advertise or otherwise hold out or imply, that the person 5 is registered or entitled, either alone or with others, to practise dental prosthetics, unless that person is a dental prosthetist or dentist; (h) advertise or otherwise hold out or imply, that the person is entitled to be employed as a dental hygienist, dental 10 therapist or school dental therapist unless that person is a dental hygienist, dental therapist or school dental therapist; or (i) take or use or have attached to or exhibited at any place the description "dental company", "dental institute", 15 "dental hospital", "dental college", "college of dentistry", "school of dentistry" unless the person conducts a course of study for a qualification prescribed by the rules under section 27(2)(f). (2) A dentist must not use the title of doctor unless the dentist uses 20 the title followed by the dentist's name and the words "dentist", "dental surgeon" or "dental practitioner". Penalty: (a) for a first offence, $2 500; and a daily penalty of $100; 25 (b) for a second or subsequent offence, $5 000; and a daily penalty of $200. 95. Information relating to certain business structures (1) If a dentist or dental prosthetist practises dentistry or dental prosthetics under a form of business structure recognised by law 30 (the "business") other than -- (a) a practice on his or her own account; or (b) a partnership in which all of the partners are dentists or dental prosthetists, page 71 Dental Bill 2005 Part 6 Offences s. 96 the business must give the Board written notice of the particulars prescribed by the regulations. Penalty: $1 000. (2) A business must give the Board written notice of any change to 5 the particulars that the business has given to the Board within 14 days after the change occurs. Penalty: $1 000. (3) If a business is a partnership, this section applies to the partnership as if the partnership were a person, but any offence 10 against this section that would otherwise be an offence by a partnership is to be taken to have been committed by each of the partners. (4) In subsection (1) the reference to a form of business structure recognised by law does not include an agency or a board as 15 defined in the Hospitals and Health Services Act 1927 section 2(1). (5) The regulations may provide that subsections (1) and (2) do not apply to a person or class of person specified in the regulations. 96. Undue influence 20 A person must not cause or induce a dentist or dental prosthetist to do any thing in the course of practising dentistry or dental prosthetics that the person is aware, or ought reasonably to be aware, is conduct that would constitute a disciplinary matter. Penalty: 25 (a) in the case of an individual, $25 000; (b) in any other case, $100 000. 97. Persons may be prohibited from providing etc. dentistry or dental prosthetics (1) If a person is convicted of an offence against section 96, the 30 court sentencing the person for the offence may make an order under subsection (2) or (4). page 72 Dental Bill 2005 Offences Part 6 s. 97 (2) The court may order that, for such period, not exceeding 5 years, as is specified in the order -- (a) the person is prohibited from providing, carrying on, or managing a business providing, dentistry or dental 5 prosthetics; (b) the person is prohibited from having a financial interest in a business providing dentistry or dental prosthetics; or (c) if the person is a corporation, an executive officer of the corporation specified in the order, who was in a position 10 to influence the conduct of the corporation in relation to the offence, is prohibited from managing a corporation that carries on a business providing dentistry or dental prosthetics. (3) For the purpose of subsection (2)(c), a person manages a 15 corporation if the person is a director, or is in any way concerned in or takes part in the management, of the corporation. (4) If an order is made under subsection (2), the court may also order that, for such period, not exceeding 5 years, as is specified 20 in the order -- (a) the person is prohibited from entering into commercial arrangements with a person who provides, carries on, or manages a business providing, dentistry or dental prosthetics; or 25 (b) if the person is a corporation, an executive officer of the corporation specified in the order, who was in a position to influence the conduct of the corporation in relation to the offence, is prohibited from entering into commercial arrangements with a person who provides, carries on, or 30 manages a business providing, dentistry or dental prosthetics. (5) A reference in subsection (4) to a person entering into commercial arrangements includes entering into commercial arrangements on behalf of another person. page 73 Dental Bill 2005 Part 6 Offences s. 98 (6) An order under subsection (2) or (4) may apply generally or be limited in its application by reference to specified conditions, exceptions or factors. (7) A person must not contravene an order under subsection (2) 5 or (4). Penalty: (a) in the case of an individual, $10 000, and a daily penalty of $400; (b) in any other case, $40 000, and a daily penalty of 10 $1 600. 98. Failure to comply with disciplinary action A person must not contravene or fail to comply with an order of the Board given to that person under section 58 or 63. Penalty: 15 (a) in the case of an individual, $5 000; (b) in any other case, $10 000. 99. False or misleading information (1) A person must not do any of the things set out in subsection (2) -- 20 (a) in relation to an application; (b) in relation to the compliance, or purported compliance, with any requirement of this Act to give the Board or the registrar advice or information; or (c) in relation to an attempt at conciliation under section 80. 25 Penalty: $24 000 or imprisonment for 2 years. (2) The things to which subsection (1) applies are -- (a) making a statement which the person knows is false or misleading in a material particular; (b) making a statement which is false or misleading in a 30 material particular, with reckless disregard as to whether page 74 Dental Bill 2005 Offences Part 6 s. 100 or not the statement is false or misleading in a material particular; (c) providing, or causing to be provided, information that the person knows is false or misleading in a material 5 particular; or (d) providing, or causing to be provided, information that is false or misleading in a material particular, with reckless disregard as to whether the information is false or misleading in a material particular. 10 100. Offences in relation to investigation (1) Where under section 76 a person is required to give any information, answer any question, or produce any document or thing and that person, without reasonable excuse (proof of which lies on the person) -- 15 (a) fails to give that information or answer that question at or within the time specified in the requirement; (b) gives any information or answer that is false in any particular; or (c) fails to produce that document or thing at or within the 20 time specified in the requirement, the person commits an offence. Penalty: (a) in the case of an individual, $5 000; (b) in any other case, $10 000. 25 (2) It is a defence in any proceeding for an offence under subsection (1)(a) or (c) for the accused to show -- (a) that, in the case of an alleged offence arising out of a requirement made orally under section 76, the investigator did not, when making the requirement, 30 inform the accused that he or she was required under this Act to give the information or answer the question, as the case may be; page 75 Dental Bill 2005 Part 6 Offences s. 101 (b) that, in the case of an alleged offence arising out of a requirement made by notice in writing under section 76, the notice did not state that he or she was required under this Act to give the information, answer the question, or 5 produce the document or thing, as the case may be; (c) that the time specified in the requirement did not afford the accused sufficient notice to enable him or her to comply with the requirement; or (d) that, in any case, the investigator did not, before making 10 the requirement, have reasonable grounds to believe that compliance with the requirement would materially assist in the investigation being carried out. 101. Obstruction of investigator A person must not prevent or attempt to prevent an investigator 15 from entering premises or otherwise obstruct or impede an investigator in the exercise of his or her powers under section 76. Penalty: (a) in the case of an individual, $5 000; 20 (b) in any other case, $10 000. 102. Assistance to execute warrant A dentist or dental prosthetist, and any person -- (a) who engages or employs the dentist or dental prosthetist to practise dentistry or dental prosthetics; 25 (b) who is engaged or employed by the dentist or dental prosthetist in the person's practice; or (c) with whom the dentist or dental prosthetist practises dentistry or dental prosthetics in partnership, at the premises named in the warrant is to provide all reasonable 30 assistance to an investigator executing the warrant issued under section 78. page 76 Dental Bill 2005 Offences Part 6 s. 103 Penalty: (a) in the case of an individual, $2 500; (b) in any other case, $5 000. 103. Surrender of certificate 5 (1) Where a person's type of registration is cancelled or suspended, the person is, within 14 days after the day on which the person is notified by the Board of the cancellation or suspension, to surrender to the Board his or her certificate of registration in relation to that type of registration. 10 Penalty: $1 000. (2) The Board may direct in writing that a person whose type of registration is suspended under section 58 is not obliged to comply with subsection (1) and, in that case, the subsection does not apply to that person. 15 (3) It is a defence to a prosecution for an offence against subsection (1) if the accused satisfies the court that the failure to surrender the certificate was due to its loss or destruction. 104. Incriminating information, questions, or documents An individual is not excused from complying with a 20 requirement under section 76 on the ground that the answer to a question or the production of a document or other thing might incriminate the individual or render the individual liable to a penalty, but neither -- (a) an answer given by the individual that was given to 25 comply with the requirement; nor (b) the fact that a document or other thing produced by the individual to comply with the requirement was produced, is admissible in evidence in any civil or criminal proceedings 30 against the individual other than proceedings for an offence against section 100(1)(b). page 77 Dental Bill 2005 Part 6 Offences s. 105 105. Legal professional privilege Nothing in Part 5 or this Part prevents a person from refusing to answer a question, provide information or produce a document or other thing because the answer or information would relate 5 to, or the document or thing contains, information in respect of which the person claims legal professional privilege. page 78 Dental Bill 2005 Codes of practice, rules and regulations Part 7 s. 106 Part 7 -- Codes of practice, rules and regulations 106. Codes of practice (1) The Board may, with the approval of the Minister, issue codes of practice for -- 5 (a) the practice of dentistry and dental prosthetics by dentists and dental prosthetists; and (b) the professional conduct of other registered persons. (2) The code of practice may adopt the provisions of other publications, whether with or without modification or addition 10 and whether in force at a particular time or from time to time. (3) A breach of a code of practice does not of itself constitute a disciplinary matter for the purposes of section 51 but in any proceedings under Part 5 such a breach may be asserted and may be taken into account in determining any question that 15 arises under that Part. (4) Except as provided in subsection (3), no civil or criminal liability attaches to a person by reason only that the person has committed a breach of a code of practice. (5) The Interpretation Act 1984 sections 41, 42, 43 and 44 apply to 20 the code of practice as if the code of practice were regulations. 107. Rules (1) The Board may make rules prescribing all matters required or permitted by this Act to be prescribed by rules or necessary or convenient to be prescribed for carrying out this Act. 25 (2) Without limiting subsection (1), rules may be made for all or any of the following purposes -- (a) prescribing the courses of study and training, including practical experience, to be undertaken, and the examinations to be passed, by persons desiring to be 30 registered under this Act, and determining the page 79 Dental Bill 2005 Part 7 Codes of practice, rules and regulations s. 107 qualifications to be held by persons wanting to study dentistry, dental prosthetics, dental hygiene, dental therapy or school dental therapy; (b) regulating the holding of examinations and the 5 appointment of examiners and for the issue of diplomas or certificates to persons passing the examinations; (c) regulating the practice of dentistry or dental prosthetics by dentists or dental prosthetists and the manner of carrying on that practice; 10 (d) prohibiting or regulating the use by a registered person of an anaesthetic or an anaesthetic of a specified kind or description; (e) prescribing what diplomas, degrees or certificates of schools of dentistry or dental prosthetics or other 15 evidence of qualification will be recognised and accepted by the Board as a substitute for the examinations of the Board, and whether immediately or after further training; (f) regulating the practice of dental specialties; 20 (g) regulating the manner in which dentists or dental prosthetists advertise or display or publicise their practice of dentistry or dental prosthetics. (3) A rule made under subsection (1) has no effect unless and until it is confirmed by the Governor. 25 (4) Nothing in subsection (3) affects the operation of the Interpretation Act 1984 Part VI. (5) The rules may provide that contravention of a rule is an offence, and provide, for an offence against the rules, a penalty not exceeding a fine of $5 000. page 80 Dental Bill 2005 Codes of practice, rules and regulations Part 7 s. 108 108. Regulations (1) The Governor may make regulations -- (a) prescribing all matters that are required or permitted by the Act to be prescribed by regulation; and 5 (b) with respect to any matter on which the Board may make rules. (2) Without limiting subsection (1), regulations may be made for all or any of the following purposes -- (a) regulating the meetings and proceedings of, and the 10 conduct of business by, the Board or a committee; (b) making provisions relating to registration, including applications for and the amendment or renewal of registration; (c) maintaining the accuracy of the register; 15 (d) regulating the issue, display and use of certificates of registration; (e) regulating the manner of making to the complaints assessment committee any complaint against or concerning a person who is, or was, registered and who 20 may make such a complaint; (f) regulating the conduct of investigations under Part 5; (g) regulating the conduct of conciliation conferences under section 80 and the appointment of persons to preside over those conferences; 25 (h) prescribing the fees to be paid for the purposes of this Act and the persons liable for payment; (i) prescribing returns and notices that are to be given to the Board, and the manner in which they are to be given; (j) providing that information supplied to the Board may be 30 required to be verified by statutory declaration. (3) Where a regulation is inconsistent with a rule the regulation prevails to the extent of the inconsistency. page 81 Dental Bill 2005 Part 7 Codes of practice, rules and regulations s. 109 (4) The regulations may provide that contravention of a regulation is an offence, and provide, for an offence against the regulations, a penalty not exceeding a fine of $5 000. 109. Forms 5 Forms that are convenient for the purposes of this Act may be -- (a) prescribed by the regulations or rules; or (b) approved. page 82 Dental Bill 2005 Miscellaneous Part 8 s. 110 Part 8 -- Miscellaneous 110. Protection (1) An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or 5 purported performance of a function under this Act. (2) The Crown is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1). (3) The protection given by this section applies even though the 10 thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. (5) A person who, in relation to any investigation under Part 5 -- 15 (a) performs any function under that Part; or (b) is otherwise concerned in proceedings under that Part, has, in respect of any such function or concern, the same protection and immunity as a member or officer of the Supreme Court, or a witness or party before the Supreme Court, would 20 have in respect of a function or concern of a like nature related to the jurisdiction of the Supreme Court. 111. Notice of decision to be given (1) Subsection (2) applies to the following decisions -- (a) any decision refusing an application to the Board for 25 registration; (b) any decision to impose, or vary, a condition under section 27, 28, 29, 30 or 35(4), otherwise than by consent; (c) any decision under section 29(5); or page 83 Dental Bill 2005 Part 8 Miscellaneous s. 112 (d) any decision to remove a name from the register under section 44. (2) If the Board makes a decision to which this subsection applies, it is to record the grounds on which the decision was based, and 5 its reasons, and is as soon as is practicable, but in any case not later than 30 days after making the decision, to give written notice of the decision, together with those grounds and reasons, to the person to whom the decision relates. 112. Review 10 A person who is aggrieved by -- (a) an order under section 58 or 63; or (b) a decision referred to in section 111(1), may apply to the State Administrative Tribunal for a review of the order or decision. 15 113. Publication of proceedings etc. (1) Subsection (2) applies to the following -- (a) the Board, any member of the Board, the registrar or any officer or delegate of the Board or registrar; (b) any committee or any member of a committee or person 20 referred to in section 16(5); (c) any board or authority outside the State charged with regulating the registration and supervision of registered persons or any officer or agent of, or person engaged or employed by, the board or authority; 25 (d) any journalist for, the proprietor or any person concerned in the publication or operation of, any newspaper or periodical or of any electronic medium. (2) Without limiting the operation of section 110, no action, claim or demand lies against a person to whom this subsection applies 30 in respect of the communication or publication in good faith of any finding, reason or decision of the Board, the complaints page 84 Dental Bill 2005 Miscellaneous Part 8 s. 114 assessment committee, the impairment review committee or the State Administrative Tribunal. (3) The Board may give notice of a finding, reason or decision of the Board, the complaints assessment committee, the 5 impairment review committee or the State Administrative Tribunal in respect of a person to -- (a) any person referred to in subsection (1)(c) or (d); (b) any body that has granted the person a qualification that is entered in the register; 10 (c) any relevant professional association or trade union of which the person is a member; (d) in the case of a dentist or dental prosthetist, any person who has engaged or employed the person to practise dentistry or dental prosthetics or any person with whom 15 the person practises dentistry or dental prosthetics in partnership; (e) in the case of a dental hygienist, dental therapist or school dental therapist, any person who engaged or employed or engages or employs the person as a dental 20 hygienist, dental therapist or school dental therapist; and (f) any other person who, in the opinion of the Board, should be made aware of the finding, reason or decision, and may publish notice of the finding, reason or decision in the Gazette or in such other manner as the Board thinks fit. 25 114. Legal proceedings (1) Any proceedings for an offence against this Act may be taken in the name of the Board by the registrar or any other person authorised in that behalf by the Board. (2) All proceedings for offences against this Act are to be heard by 30 a court of summary jurisdiction constituted by a magistrate. page 85 Dental Bill 2005 Part 8 Miscellaneous s. 115 (3) In any proceedings no proof is required of -- (a) the appointment of a member or deputy of a member of the Board or a member of a committee; or (b) the authorisation of a person under subsection (1), 5 but an averment in a prosecution notice that the person is so appointed or authorised is to be taken to be proved in the absence of evidence to the contrary. (4) In all courts and before all persons and bodies authorised to receive evidence, in the absence of evidence to the contrary -- 10 (a) a certificate purporting to be issued on behalf of the Board and stating that a person was or was not registered by the Board, the conditions to which a registration was subject, or that a person's type of registration was suspended, on any day or days or during 15 a period mentioned in the certificate, is evidence of the matters so stated; (b) a copy of or extract from a register or any statement that purports to reproduce matters entered in the register that is certified by the registrar as a true copy, extract or 20 statement, is evidence of the facts appearing in that copy, extract or statement; and (c) judicial notice is to be taken of the fact that a person is the holder of the office of registrar and of the signature of the registrar on a certificate purporting to be issued 25 under paragraph (b). (5) A notice or appointment purporting to be signed by the chairperson or a person referred to in section 53(5)(b) or 54(4)(b) is to be presumed to be duly signed until the contrary is shown. 30 115. Liability of certain officers of body corporate: offences (1) If a body corporate is charged with an offence under this Act, every person who was an officer of the body corporate at the page 86 Dental Bill 2005 Miscellaneous Part 8 s. 116 time of the alleged offence may also be charged with the offence. (2) If a body corporate and an officer are charged as permitted by subsection (1) and the body corporate is convicted of the 5 offence, the officer is to be taken to have also committed the offence, subject to subsection (5). (3) If a body corporate commits an offence under this Act, then, although the body corporate is not charged with the offence, every person who was an officer of the body corporate at the 10 time the offence was committed may be charged with the offence. (4) If an officer is charged as permitted by subsection (3) and it is proved that the body corporate committed the offence, the officer is to be taken to have also committed the offence, subject 15 to subsection (5). (5) If under this section an officer is charged with an offence it is a defence to prove -- (a) that the offence was committed without the officer's consent or connivance; and 20 (b) that the officer took all the measures to prevent the commission of the offence that he or she could reasonably be expected to have taken having regard to the officer's functions and to all the circumstances. 116. Review of Act 25 (1) The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiration of 5 years from its commencement, and in the course of that review the Minister is to consider and have regard to -- (a) the effectiveness of the operations of the Board; 30 (b) the need for the continuation of the functions of the Board; and page 87 Dental Bill 2005 Part 8 Miscellaneous s. 117 (c) any other matters that appear to the Minister to be relevant to the operation and effectiveness of this Act. (2) The Minister is to prepare a report based on the review made under subsection (1) and as soon as is practicable after the 5 preparation of the report, cause it to be laid before each House of Parliament. 117. Repeals (1) The Dental Act 1939 is repealed. (2) The Dental Prosthetists Act 1985 is repealed. 10 (3) The Dental Board Elections Regulations are repealed. (4) The Dental Board Rules 1973 are repealed. (5) The Dental Charges Committee Regulations 1973 are repealed. (6) The Dental Prosthetists Regulations 1986 are repealed. 118. Transitional and savings provisions 15 Schedule 2 sets out transitional and savings provisions. 119. Consequential amendments Schedule 3 sets out consequential amendments. page 88 Dental Bill 2005 Constitution and proceedings of the Board Schedule 1 General provisions Division 1 cl. 1 Schedule 1 -- Constitution and proceedings of the Board [s. 8] Division 1 -- General provisions 1. Term of office 5 (1) Subject to clause 4, a member of the Board holds office for such term, not exceeding 3 years, as is specified in the member's instrument of appointment. (2) Subject to subclause (3), a member of the Board is not to hold office for more than 9 years, consecutively or otherwise. 10 (3) If in the opinion of the Minister there are special reasons for doing so, a person may be appointed so that he or she holds office for more than 9 years, consecutively or otherwise. 2. Functions of deputy presiding member (1) The deputy presiding member is to perform the functions of the 15 presiding member when the presiding member is unable to do so by reason of illness, absence or other cause, or when the office of presiding member is vacant. (2) No act or omission of the deputy presiding member acting as presiding member is to be questioned on the ground that the occasion 20 for his or her so acting had not arisen or had ceased. 3. Deputy members (1) The Minister may appoint an eligible person to be a deputy of a member and may terminate such an appointment at any time. (2) The provisions of section 6 that apply to and in relation to the 25 appointment of a member apply, with any necessary modification, to and in relation to the appointment of the deputy of that member. (3) A deputy of a member may perform the functions of the member when the member is unable to do so by reason of illness, absence or other cause. page 89 Dental Bill 2005 Schedule 1 Constitution and proceedings of the Board Division 1 General provisions cl. 4 (4) Despite anything in this Act, a deputy of a member may continue to act as a member, after the occasion for so acting has ceased, for the purpose of completing any function. (5) A deputy of a member, while acting as a member, has all the 5 functions of and all the protection given to a member. (6) No act or omission of a person acting in place of another under this clause is to be questioned on the ground that the occasion for so acting had not arisen or had ceased. 4. Vacation of office by member 10 (1) A member of the Board may resign from office by notice in writing given to the Minister. (2) A member who resigns under subclause (1) is to give a copy of the notice of resignation to the registrar. (3) A member of the Board may be removed from office by the 15 Minister -- (a) for mental or physical disability, incompetence, neglect of duty or misconduct that impairs the performance of the member's duties; (b) if the member is an insolvent under administration, as that 20 term is defined in the Corporations Act section 9; (c) if the member is absent without leave of the Board from 3 consecutive meetings of the Board of which the member has had notice; or (d) for any other act or omission that in the opinion of the 25 Minister may cause prejudice or injury to the Board. (4) A member of the Board must be removed from office by the Minister if the member ceases to hold a position or qualification by virtue of which the member was appointed or if, in the case of a member who is a registered person, the registration of that member under this Act is 30 suspended. 5. General procedure concerning meetings (1) The presiding member is to preside at all meetings of the Board at which he or she is present. page 90 Dental Bill 2005 Constitution and proceedings of the Board Schedule 1 General provisions Division 1 cl. 6 (2) If both the presiding member and deputy presiding member are absent from a meeting the members present are to appoint one of their number to preside. (3) A quorum for a meeting of the Board is 6 members. 5 (4) The procedure for convening meetings of the Board and the conduct of business at those meetings is, subject to this Act, to be as determined by the Board. 6. Voting (1) A decision of the majority of members at a meeting of the Board at 10 which a quorum is present is the decision of the Board. (2) If the votes of members present at a meeting and voting are equally divided the member presiding at the meeting is to have a casting vote in addition to a deliberative vote. 7. Holding meetings remotely 15 The presence of a person at a meeting of the Board need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone, or other means of instantaneous communication. 8. Resolution without meeting 20 A resolution in writing signed by each member of the Board or assented to by each member by letter, facsimile transmission, electronic mail or other written means has effect as if it had been passed at a meeting of the Board. 9. Minutes 25 The Board is to ensure that an accurate record is kept and preserved of the proceedings at each meeting of the Board and of each resolution passed by the Board. page 91 Dental Bill 2005 Schedule 1 Constitution and proceedings of the Board Division 2 Disclosure of interests etc. cl. 10 Division 2 -- Disclosure of interests etc. 10. Meaning of "member" In this Division -- "member" means a member of the Board or a member of a 5 committee, as the case may be. 11. Disclosure of interests (1) A member who has a material personal interest in a matter being considered or about to be considered by the Board or a committee must, as soon as possible after the relevant facts have come to the 10 member's knowledge, disclose the nature of the interest at a meeting of the Board or the committee. Penalty: $10 000. (2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting. 15 12. Exclusion of interested member (1) A member who has a material personal interest in a matter that is being considered by the Board or a committee -- (a) must not vote, whether at a meeting or otherwise, on the matter; and 20 (b) must not be present while the matter is being considered at a meeting. (2) In subclause (1)(a) or (b) a reference to a matter also refers to a proposed resolution under clause 13 in respect of the matter, whether relating to that member or a different member. 25 13. Board or committee may resolve that clause 12 inapplicable Clause 12 does not apply if the Board or a committee has at any time passed a resolution that -- (a) specifies the member, the interest, and the matter; and (b) states that the members voting for the resolution are satisfied 30 that the interest should not disqualify the member from considering or voting on the matter. page 92 Dental Bill 2005 Constitution and proceedings of the Board Schedule 1 Disclosure of interests etc. Division 2 cl. 14 14. Quorum where clause 12 applies (1) Despite clause 5(3), when the Board is dealing with a matter in relation to which a member of the Board is disqualified under clause 12, 5 members who are entitled to vote on any motion that may 5 be moved in relation to the matter constitute a quorum. (2) The Minister may deal with a matter to the extent that the Board cannot deal with it because of subclause (1). 15. Minister may declare clause 12 or 14 inapplicable (1) The Minister may by writing declare that clause 12 or 14 does not 10 apply in relation to a specified matter, either generally or for the purpose of dealing with particular proposed resolutions. (2) The Minister is to, within 14 sitting days after a declaration under subclause (1) is made, cause a copy of the declaration to be laid before each House of Parliament. page 93 Dental Bill 2005 Schedule 2 Transitional and savings Division 1 Preliminary cl. 1 Schedule 2 -- Transitional and savings [s. 118] Division 1 -- Preliminary 1. Terms used in this Schedule 5 In this Schedule -- "commencement day" means the day on which this Act comes into operation; "liability" means any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, or whether 10 owed alone or jointly or jointly and severally with any other person; "right" means any right, power, privilege or immunity whether actual, contingent or prospective; "the former Board" means The Dental Board of Western Australia 15 established under the repealed Dental Act; "the new Board" means the Dental Board of Western Australia established under this Act; "the repealed Dental Act" means the Dental Act 1939; "the repealed Dental Prosthetists Act" means the Dental 20 Prosthetists Act 1985. 2. Interpretation Act 1984 not affected The provisions of this Schedule do not prejudice or affect the application of the Interpretation Act 1984 to and in relation to the repeals effected by section 117. 25 Division 2 -- Transitional and savings provisions relating to the repealed Dental Act 3. The Board continues (1) The new Board is a continuation of, and the same legal entity as, the former Board and the rights and liabilities of the entity are not 30 affected. page 94 Dental Bill 2005 Transitional and savings Schedule 2 Transitional and savings provisions relating to the repealed Division 2 Dental Act cl. 4 (2) If in a written law or other document or instrument there is a reference to the former Board, that reference may, where the context so requires, be read as if it had been amended to be a reference to the new Board. 5 4. Board members (1) A member of the former Board ceases to be a member on the commencement day. (2) Six of the members of the new Board as first constituted under this Act are to hold office for such term, not exceeding 18 months, as is 10 specified in the member's instrument of appointment. 5. The registrar and other staff (1) The registrar of the former Board who held office immediately before the commencement day continues in office, under and subject to this Act, as the registrar of the new Board. 15 (2) The other officers of the former Board who held office immediately before the commencement day continue in office, under and subject to this Act, as officers of the new Board. (3) A person mentioned in subclause (1) or (2) is to be regarded as having been engaged or employed, as is relevant, under this Act. 20 (4) Except as otherwise agreed by a person mentioned in subclause (1) or (2), the remuneration, existing or accrued rights, rights under a superannuation scheme or continuity of service of the person are not affected, prejudiced or interrupted by the operation of subclause (1) or (2) or the repeal of the Dental Act 1939. 25 (5) The rights under a superannuation scheme of a person who was a registrar or officer of the former Board are not affected, prejudiced or interrupted by the repeal of the Dental Act 1939. 6. Persons registered under the repealed Dental Act (1) A natural person who immediately before the commencement day 30 was registered under the repealed Dental Act as a dentist, dental hygienist, dental therapist or school dental therapist is, on the commencement day, to be taken to be registered as a dentist, dental hygienist, dental therapist or school dental therapist under this Act for page 95 Dental Bill 2005 Schedule 2 Transitional and savings Division 2 Transitional and savings provisions relating to the repealed Dental Act cl. 7 the period that, and subject to the same conditions as, applied to that person's registration under the repealed Dental Act. (2) A natural person who immediately before the commencement day was registered under the repealed Dental Act section 44A is, on the 5 commencement day, to be taken to be registered as a dentist under this Act for the period that, and subject to the same conditions as, applied to that person's registration under the repealed Dental Act. (3) If under subclause (1) or (2) a person is to be taken to be registered under this Act, the new Board may within 6 months of the 10 commencement day, by notice in writing to the person, impose the conditions referred to in section 30(2) on the person's registration under this Act. 7. Register The register kept under the repealed Dental Act section 17 15 immediately before the commencement day is to be taken to be the register required to be kept under section 40. 8. Registration certificates issued under the repealed Dental Act A registration certificate or certificate of temporary registration in force under the repealed Dental Act immediately before the 20 commencement day is, subject to this Act, to be taken to be a certificate of registration for the purposes of this Act. 9. Licences issued under the repealed Dental Act A licence issued and in force under the repealed Dental Act immediately before the commencement day is to be taken to be a 25 certificate of registration for the purposes of this Act until, subject to this Act, the time when that licence would have expired under the repealed Dental Act. 10. Restoration of certain names to the register If a person's name has been struck off the register under the repealed 30 Dental Act section 30(1ab), section 35 applies to that person as if the person were a disqualified person as defined in section 35(1). page 96 Dental Bill 2005 Transitional and savings Schedule 2 Transitional and savings provisions relating to the repealed Division 2 Dental Act cl. 11 11. Suspensions If immediately before the commencement day a person was suspended under the repealed Dental Act section 30(3)(e) or (f), section 87 applies to the suspension as if the person had been 5 suspended under section 82(1)(j). 12. Undertakings under the repealed Dental Act (1) If a person has given an undertaking under a provision of the repealed Dental Act that undertaking is not affected by the repeal of that Act. (2) If the new Board is satisfied that the person has breached the 10 undertaking before, on or after the commencement day, the Board may deal with the person as if the person had failed to comply with an undertaking given under a provision of this Act. 13. Allegations being dealt with by the former Board If immediately before the commencement day the former Board was 15 dealing with an allegation against a person who is or was a registered person, the new Board is to refer the allegation to the complaints assessment committee and that committee is to deal with it as it were a complaint under section 55(1) or (2). 14. Investigations 20 If immediately before the commencement day an investigator was investigating a complaint under the repealed Dental Act Part IV Division 1, the investigator is to continue investigating the matter as if he or she had been appointed under Part 5 Division 7 of this Act and the appointing body were the complaints assessment committee. 25 15. Disciplinary proceedings If an allegation has been made to the State Administrative Tribunal under the repealed Dental Act section 30(1aa) or referred to that Tribunal under the repealed Dental Act section 30(2) before the commencement day but not finally determined before that day, the 30 allegation is to be dealt with and determined under section 82 or 83, as the case may require, as if an allegation had been made under this Act. page 97 Dental Bill 2005 Schedule 2 Transitional and savings Division 3 Transitional and savings provisions relating to the repealed Dental Prosthetists Act cl. 16 16. Failure to comply with an order made under the repealed Dental Act If immediately before the commencement day an order made by the former Board was in effect in relation to a person under the repealed 5 Dental Act, that order is not affected by the repeal of that Act and failure to comply with it before, on or after the commencement day may be dealt with under section 98 as if the order were an order made under section 58 or 63, as the case requires. 17. Annual report for part of a year 10 (1) The former Board is to make and submit an annual report as required by the repealed Dental Act section 14C, but limited to the period from 30 June preceding the commencement day to the commencement day, and that section applies as if that period were a year. (2) Despite the repeal of the repealed Dental Act and this Schedule, the 15 former Board remains in existence for the purpose of subclause (1) and is entitled to receive from the new Board and its staff such assistance as it may require for the purpose. Division 3 -- Transitional and savings provisions relating to the repealed Dental Prosthetists Act 20 18. Persons licensed under the repealed Dental Prosthetists Act (1) A person who immediately before the commencement day -- (a) was licensed under the repealed Dental Prosthetists Act; and (b) held a licence to practise under that Act that was not suspended under the repealed Dental Prosthetists Act 25 section 21 immediately before the commencement day, is, on the commencement day, to be taken to be registered as a dental prosthetist under this Act until 31 December immediately following the commencement day. (2) If under subclause (1) a person is to be taken to be registered as a 30 dental prosthetist under this Act, the registrar is to enter the name and other particulars of that person in the register. (3) If under subclause (1) a person is to be taken to be registered as a dental prosthetist under this Act, the new Board may within 6 months page 98 Dental Bill 2005 Transitional and savings Schedule 2 Transitional and savings provisions relating to the repealed Division 3 Dental Prosthetists Act cl. 19 of the commencement day, by notice in writing to the person, impose the conditions referred to in section 30(2) on the person's registration under this Act. 19. Licences issued under the repealed Dental Prosthetists Act 5 A licence issued and in force under the repealed Dental Prosthetists Act is to be taken to be a certificate of registration for the purposes of this Act. 20. Suspension under the repealed Dental Prosthetists Act section 21 (1) If immediately before the commencement day a person's licence was 10 suspended under the repealed Dental Prosthetists Act section 21, section 87 applies to the suspension as if the person had been suspended under section 82(1)(j). (2) At the end of a period of suspension determined under the repealed Dental Prosthetists Act section 21 or the revocation of the suspension, 15 a suspended person is to be taken to be registered as a dental prosthetist under this Act for a period of one year beginning on the commencement day. (3) If under subclause (2) a person is to be taken to be registered as a dental prosthetist under this Act, the new Board may within 6 months 20 of the end of the period of suspension or the revocation, by notice in writing to the person, impose the conditions referred to in section 30(2) on the person's registration under this Act. (4) If under subclause (2) a person is to be taken to be registered as a dental prosthetist under this Act, the registrar is to enter the name and 25 other particulars of that person in a separate division of the register for dental prosthetists. 21. Records kept under the repealed Dental Prosthetists Act section 23 As soon as practicable after the commencement day, the 30 Commissioner for Health is to transfer to the Board records kept under the repealed Dental Prosthetists Act section 23. page 99 Dental Bill 2005 Schedule 2 Transitional and savings Division 4 General cl. 22 Division 4 -- General 22. Powers in relation to transitional provision (1) If there is no sufficient provision in this Schedule for dealing with a transitional matter the Governor may make regulations prescribing all 5 matters that are required, necessary or convenient to be prescribed in relation to that matter. (2) Regulations made under subclause (1) may provide that specific provisions of this Act -- (a) do not apply; or 10 (b) apply with specific modifications, to or in relation to any matter. (3) Regulations made under subclause (1) must be made within 12 months after the commencement day. (4) If regulations made under subclause (1) provide that a specified state 15 of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement day, the regulations have effect according to their terms. (5) In subclause (4) -- 20 "specified" means specified or described in the regulations. (6) If regulations contain a provision referred to in subclause (4), the provision does not operate so as -- (a) to affect in a manner prejudicial to any person (other than the State), the right of that person existing before the day of 25 publication of those regulations; or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations. page 100 Dental Bill 2005 Consequential amendments Schedule 3 cl. 1 Schedule 3 -- Consequential amendments [s. 119] 1. Civil Liability Act 2002 amended (1) The amendments in this clause are to the Civil Liability Act 2002*. 5 [* Act No. 35 of 2002. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 65.] (2) Section 5PA is amended in the definition of "health professional" as follows: 10 (a) in paragraph (b) by deleting "Dental Act 1939 section 4;" and inserting instead -- " Dental Act 2005 section 3; "; (b) by deleting paragraph (c). 2. Constitution Acts Amendment Act 1899 amended 15 (1) The amendments in this clause are to the Constitution Acts Amendment Act 1899*. [* Reprint 13 as at 18 March 2005. For subsequent amendments see Acts Nos. 1 and 2 of 2005.] (2) Schedule V Part 3 is amended by deleting the item commencing "The 20 Dental Board of Western Australia" and inserting instead -- " The Dental Board of Western Australia established under the Dental Act 2005. ". 25 (3) Schedule V Part 3 is amended by deleting the item commencing "The Dental Charges Committee". page 101 Dental Bill 2005 Schedule 3 Consequential amendments cl. 3 3. Co-opted Medical and Dental Services for the Northern Portion of the State Act 1951 amended (1) The amendments in this clause are to the Co-opted Medical and Dental Services for the Northern Portion of the State Act 1951*. 5 [* Reprint authorised 14 April 1971.] (2) Section 2 is amended by deleting the definition of "dentistry" and inserting the following definition instead -- " "dentistry" has the meaning given to that term in the 10 Dental Act 2005 section 3; ". 4. Criminal Injuries Compensation Act 2003 amended (1) The amendments in this clause are to the Criminal Injuries Compensation Act 2003*. 15 [* Act No. 77 of 2003. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 111.] (2) Section 3 is amended in paragraph (a) of the definition of "health professional" by deleting "Dental Act 1939;" and inserting instead -- 20 " Dental Act 2005; ". 5. Criminal Investigation (Identifying People) Act 2002 amended (1) The amendments in this clause are to the Criminal Investigation (Identifying People) Act 2002*. [* Act No. 6 of 2002. 25 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 111-12 and Act No. 84 of 2004.] (2) Section 52 is amended in the definition of "dentist" by deleting "Dental Act 1939;" and inserting instead -- 30 " Dental Act 2005; ". page 102 Dental Bill 2005 Consequential amendments Schedule 3 cl. 6 6. Guardianship and Administration Act 1990 amended (1) The amendments in this clause are to the Guardianship and Administration Act 1990*. [* Reprint 3 as at 1 April 2005. 5 For subsequent amendments see Acts Nos. 59 and 84 of 2004.] (2) Section 119(4) is amended in the definition of "practitioner" by deleting "Dental Act 1939" and inserting instead -- " Dental Act 2005 ". 7. Health Act 1911 amended 10 (1) The amendments in this clause are to the Health Act 1911*. [* Reprint 13 as at 15 July 2005.] (2) Section 337A(5) is amended by deleting "Dental Act 1939." and inserting instead -- " Dental Act 2005. ". 15 8. Health Professionals (Special Events Exemption) Act 2000 amended (1) The amendments in this clause are to the Health Professionals (Special Events Exemption) Act 2000*. [* Act No. 7 of 2000.] 20 (2) Section 3(1) is amended in the definition of "Health Registration Act" as follows: (a) by deleting "Dental Act 1939;" and inserting instead -- " Dental Act 2005; "; (b) by deleting "Dental Prosthetists Act 1985;". 25 9. Health Services (Conciliation and Review) Act 1995 amended (1) The amendments in this clause are to the Health Services (Conciliation and Review) Act 1995*. [* Reprint 2 as at 18 March 2005.] page 103 Dental Bill 2005 Schedule 3 Consequential amendments cl. 10 (2) Schedule 1 item 2 is amended by deleting "Dental Act 1939." and inserting instead -- " Dental Act 2005. ". 10. Juries Act 1957 amended 5 (1) The amendments in this clause are to the Juries Act 1957*. [* Reprint 4 as at 2 September 2005.] (2) The Second Schedule Part II item 2 is amended by deleting "Dental Act 1939" and inserting instead -- " Dental Act 2005 ". 10 11. Medical Act 1894 amended (1) The amendments in this clause are to the Medical Act 1894*. [* Reprint 6 as at 12 August 2005.] (2) Section 19 is amended by deleting "Dental Act 1939." and inserting instead -- 15 " Dental Act 2005. ". (3) Section 21A(2) is repealed. 12. Misuse of Drugs Act 1981 amended (1) The amendments in this clause are to the Misuse of Drugs Act 1981*. [* Reprint 3 as at 1 July 2005.] 20 (2) Section 3(1) is amended in the definition of "dentist" by deleting "Dental Act 1939;" and inserting instead -- " Dental Act 2005; ". 13. Pharmacy Act 1964 amended (1) The amendments in this clause are to the Pharmacy Act 1964*. 25 [* Reprinted as at 29 January 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 338.] page 104 Dental Bill 2005 Consequential amendments Schedule 3 cl. 14 (2) Section 5(1) is amended in the definition of "dentist" by deleting "Dental Act 1939;" and inserting instead -- " Dental Act 2005; ". 14. Physiotherapists Act 1950 amended 5 (1) The amendments in this clause are to the Physiotherapists Act 1950*. [* Reprinted as at 12 October 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 339.] (2) Section 2 is amended in the definition of "dentist" by deleting "Dental 10 Act 1939;" and inserting instead -- " Dental Act 2005; ". 15. Poisons Act 1964 amended (1) The amendments in this clause are to the Poisons Act 1964*. [* Reprinted as at 10 September 2004. 15 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 347.] (2) Section 5(1) is amended in the definition of "dentist" by deleting "Dental Act 1939;" and inserting instead -- " Dental Act 2005; ". 20 (3) Section 61(b)(iii) is amended by deleting "The Dental Board of Western Australia, constituted under the Dental Act 1939;" and inserting instead -- " the Dental Board of Western Australia, 25 established under the Dental Act 2005; ". page 105 Dental Bill 2005 Schedule 3 Consequential amendments cl. 16 16. Psychologists Registration Act 1976 amended (1) The amendments in this clause are to the Psychologists Registration Act 1976*. [* Reprinted as at 3 January 2003. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 362.] (2) Section 52(1)(b) is amended by deleting "Dental Act 1939," and inserting instead -- " Dental Act 2005, ". 10 17. Sentencing Act 1995 amended (1) The amendments in this clause are to the Sentencing Act 1995*. [* Reprint 4 as at 12 August 2005. For subsequent amendments see Act No. 75 of 2004.] (2) Schedule 1 is amended by deleting "Dental Act 1939" and inserting 15 instead -- " Dental Act 2005 ". 18. State Administrative Tribunal Act 2004 amended (1) The amendments in this clause are to the State Administrative Tribunal Act 2004*. 20 [* Act No. 54 of 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 427.] (2) Schedule 1 is amended as follows: (a) by deleting "Dental Act 1939" and inserting instead -- 25 " Dental Act 2005 "; (b) by deleting "Dental Prosthetists Act 1985". page 106 Dental Bill 2005 Defined Terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s) application ....................................................................................................... 3 appointing body.............................................................................................. 73 approved .......................................................................................................... 3 Board............................................................................................................... 3 certificate of registration................................................................................... 3 commencement day..........................................................................Sch. 2, cl. 1 committee ........................................................................................................ 3 complainant...................................................................................................... 3 complaint ......................................................................................................... 3 complaints assessment committee..................................................................... 3 condition .......................................................................................................... 3 Corporations Act .............................................................................................. 3 dental hygienist ................................................................................................ 3 dental prosthetics.............................................................................................. 3 dental prosthetics student............................................................................91(1) dental prosthetist .............................................................................................. 3 dental student ................................................................................................... 3 dental therapist ................................................................................................. 3 dentist .............................................................................................................. 3 dentistry........................................................................................................... 3 department ....................................................................................................... 3 Director............................................................................................................ 3 disciplinary matter............................................................................................ 3 disqualified person .....................................................................................35(1) document ......................................................................................................... 3 full artificial denture......................................................................................... 3 impairment....................................................................................................... 3 impairment matter ............................................................................................ 3 impairment review committee........................................................................... 3 information ................................................................................................14(1) insolvent ....................................................................................................48(1) investigator ...................................................................................................... 3 legal practitioner............................................................................................... 3 liability ............................................................................................Sch. 2, cl. 1 medical practitioner.......................................................................................... 3 member.......................................................................................... Sch. 1, cl. 10 member of the Board........................................................................................ 3 officer .............................................................................................................. 3 partial artificial denture..................................................................................... 3 page 107 Dental Bill 2005 Schedule 3 Consequential amendments Defined Terms presiding member............................................................................................. 3 professional indemnity insurance ................................................................30(1) register............................................................................................................. 3 registered ......................................................................................................... 3 registered person .............................................................................................. 3 registrar............................................................................................................ 3 registration ....................................................................................................... 3 respondent........................................................................................................ 3 right .................................................................................................Sch. 2, cl. 1 school dental service......................................................................................... 3 school dental therapist ...................................................................................... 3 specified.....................................................................................Sch. 2, cl. 22(5) the former Board ..............................................................................Sch. 2, cl. 1 the new Board ..................................................................................Sch. 2, cl. 1 the repealed Dental Act ....................................................................Sch. 2, cl. 1 the repealed Dental Prosthetists Act ..................................................Sch. 2, cl. 1 type of registration ........................................................................................... 3
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