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This is a Bill, not an Act. For current law, see the Acts databases.


DENTAL BILL 2005

                   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

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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



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                                                           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



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               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

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                                                              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


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      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

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                                                             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

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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;

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     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;

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                                                          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.

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     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.




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                                                                   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.

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     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

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                                                                        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

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     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.

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     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.


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                                                                     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

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     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.




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                                                  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.



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     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.



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                                  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.




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     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


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                                 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.



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     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


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                                 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.




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     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

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                             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;



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     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


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                                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

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                                 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.


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     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.




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                                 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.




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                                                          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.

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           (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.




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     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.




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     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;


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                   (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,

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                 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).

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     (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.

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           (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

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                                                                           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;

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                (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.



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             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).


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    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.




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                         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


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                       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.




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                                                                             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.

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       (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.




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                                                                           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


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                (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

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                                                                          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.




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     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


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                                                                  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



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     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.




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                                                                    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.




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     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.


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                                                                    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.




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     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.


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                                                                      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.



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                                                                      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).




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                                                                       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.



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     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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