Dental Practice Act 1999

i Dental Practice Act 1999 Act No. 26/1999 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Definitions 2 PART 2—REGISTRATION 6 Division 1—Procedure for Obtaining Registration 6 4. Application for registration 6 5. Qualifications for registration 7 6. Registration 8 7. Specific registration 11 8. Student registration 12 9. Entitlement of applicant to make submissions 13 10. Notification of outcome of application 13 11. Duration and renewal of registration 14 12. Application for renewal of and refusal to renew registration 14 13. Restoration of name to the register 15 14. Effect of suspension of registration 16 15. Registration obtained by fraud 16 Division 2—Other requirements 17 16. The register 17 17. Certificates 19 18. Use of certificate as evidence 19 19. Requirement to notify the Board re address 20 20. Provision of information 20 PART 3—INVESTIGATIONS OF DENTAL CARE PROVIDERS 22 Division 1—Preliminary investigations into professional conduct 22 21. Complaints about the professional conduct of dental care providers 22 22. When complaints about professional conduct are to be investigated by Health Services Commissioner 22 -- 1 of 85 -- Section Page ii 23. When complaints about professional conduct are to be investigated by the Board 23 24. Outcome of preliminary investigation 24 25. Board may institute a hearing into professional conduct 24 26. Suspension of registration upon commencement of investigation 24 Division 2—Preliminary investigation into the health of dental care providers 25 27. Commencement of preliminary investigation 25 28. Notification to dental care providers and students 26 29. Examination 27 30. Report of examination 27 31. Outcome of preliminary investigation 28 32. Referral to formal hearing 29 33. Request for conditions, limitations or restrictions 29 34. Revocation of suspension of registration or condition, limitation or restriction imposed on registration 30 35. Immediate suspension of registration 30 Division 3—Formal and Informal Hearings 31 36. Establishment and notification of an informal hearing 31 37. Constitution of a panel for an informal hearing 31 38. Notice of an informal hearing 32 39. Conduct of an informal hearing 33 40. Findings and determinations of an informal hearing 33 41. Change of informal hearing to formal hearing during course of hearing 34 42. Request for formal hearing upon completion of informal hearing 34 43. Establishment and notification of formal hearing 34 44. Constitution of a hearing panel for a formal hearing 35 45. Notice of a formal hearing 36 46. Conduct of a formal hearing 36 47. Findings and determinations of a formal hearing into conduct 37 48. Findings and determinations of a formal hearing into ability to practise 39 Division 4—General Provisions relating to Investigations 40 49. Investigation etc. may continue even if person no longer registered 40 50. Procedure at formal and informal hearings 40 51. Powers of panel conducting a formal hearing 41 52. Determinations 41 53. Removal of suspension, condition, limitation or restriction 41 54. Reasons for determinations of panel 41 55. Notifications 41 56. Offence to disclose information identifying complainant 43 -- 2 of 85 -- Section Page iii 57. Terms and conditions of appointment of panel members 44 PART 4—REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL 45 58. Review by VCAT 45 59. Notification 45 PART 5—OFFENCES 47 60. Claims by persons as to registration 47 61. Restriction on practising dentistry 49 62. Use of dental titles in educational institutions 50 63. Fraud, forgery etc. 50 64. Advertising 50 65. Directing others to practise unprofessionally 52 66. Advertising guidelines 52 67. Power of the courts to require corrective advertising 53 PART 6—ADMINISTRATION 54 68. Establishment of Board 54 69. Powers, functions and consultation requirements 54 70. Membership of the Board 56 71. Terms of office 56 72. Resignation and removal 57 73. President and Deputy President 57 74. Acting member 58 75. Payment of members 58 76. Procedure of Board 59 77. Member's interests 59 78. Resolutions without meetings 60 79. Approved methods of communication for Board 61 80. Effect of vacancy or defect 61 81. Immunity 61 82. Establishment of committees 62 83. Membership of committees 62 84. Payment of members 63 85. Staff 63 86. Delegation 64 PART 7—REPORTING AND FINANCIAL PROVISIONS 65 87. Dental Practice Board Fund 65 88. Investment powers 65 -- 3 of 85 -- Section Page iv 89. Repayment of advances 66 PART 8—ENFORCEMENT AND SUPPLEMENTARY POWERS 67 90. Proceedings for offences 67 91. Identification 67 92. Powers of entry with warrant 67 93. Announcement before entry 69 94. Copy of warrant to be given to occupier 69 95. Copies or receipts to be given 69 96. Powers of Board in relation to fees 70 PART 9—MISCELLANEOUS 71 97. Supreme Court—limitation of jurisdiction 71 98. Regulations 71 PART 10—SAVINGS, TRANSITIONAL AND REPEAL 73 99. Definitions 73 100. Repeal 73 101. New Board succeeds old Boards and Committees 73 102. Proceedings before the old Board 74 103. Application of this Act to conduct occurring before commencement of this Act 75 104. Existing registrations 75 105. References 77 106. Preparation of annual report 78 107. Consequential amendments 78 __________________ SCHEDULE—Consequential amendments 79 ═══════════════ NOTES 81 -- 4 of 85 -- 1 Dental Practice Act 1999† [Assented to 1 June 1999] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The main purposes of this Act are— (a) to provide for the registration of dental care providers and investigations into the professional conduct and fitness to practise of registered dental care providers; and (b) to regulate the provision of dental care services; and Victoria No. 26 of 1999 -- 5 of 85 -- Act No. 26/1999 Dental Practice Act 1999 2 (c) to establish the Dental Practice Board of Victoria and the Dental Practice Board Fund; and (d) to repeal the Dentists Act 1972 and the Dental Technicians Act 1972; and (e) to provide for other related matters. 2. Commencement (1) This Part comes into operation on the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 July 2000, it comes into operation on that day. 3. Definitions In this Act— "alcoholic" has the same meaning as in the Alcoholics and Drug-dependent Persons Act 1968; "Board" means the Dental Practice Board of Victoria established under Part 6; "dental care" includes dentistry; "dentistry" means the diagnosis or management of conditions of the mouth of a person, the performance of any invasive or irreversible procedure on the natural teeth or the parts of a person's body associated with their natural teeth or the provision to a patient or the insertion or intraoral adjustment of artificial teeth or dental appliances for a patient; "division", in relation to the register, means a division of the register; s. 2 -- 6 of 85 -- Act No. 26/1999 Dental Practice Act 1999 3 "drug-dependent person" has the same meaning as in the Alcoholics and Drug-dependent Persons Act 1968; "Fund" means the Dental Practice Board Fund established under Part 7; "Health Services Commissioner" means the Health Services Commissioner within the meaning of the Health Services (Conciliation and Review) Act 1987; "lawyer" means a person admitted to practise as a barrister and solicitor of the Supreme Court; "register" means the register of dental care providers and dental students kept under Part 2; "registered dental auxiliary" means a person registered under Part 2 in the dental auxiliaries division of the register; "registered dental care provider" means a person registered under Part 2 other than a registered dental student; "registered dental prosthetist" means a person registered under Part 2 in the dental prosthetists' division of the register; "registered dental specialist" means a person registered under Part 2 in the dental specialists' sub-division of the dentists division of the register in a special branch of dentistry recognised by the Board; "registered dental student" means a dental care student registered under section 8; "registered dentist" means a person registered under Part 2 in the dentists' division of the register; s. 3 -- 7 of 85 -- Act No. 26/1999 Dental Practice Act 1999 4 "registered medical practitioner" means a registered medical practitioner within the meaning of the Medical Practice Act 1994; "sub-division" means a sub-division of a division of the Register; "unprofessional conduct" means all or any of the following— (a) professional conduct which is of a lesser standard than that which the public might reasonably expect of a registered dental care provider; (b) professional conduct which is of a lesser standard than that which might reasonably be expected of a registered dental care provider by his or her peers; (c) professional misconduct; (d) infamous conduct in a professional respect; (e) providing a person with dental services of a kind that is excessive, unnecessary or not reasonably required for that person's well-being; (f) influencing or attempting to influence the conduct of a dental care provider's practice in such a way that patient care may be compromised; (g) the failure to act as a dental care provider when required under an Act or regulations to do so; (h) providing dental care that the provider is not registered to provide; (i) the contravention of or failure to comply with a condition, limitation or restriction on the registration of the s. 3 -- 8 of 85 -- Act No. 26/1999 Dental Practice Act 1999 5 dental care provider imposed by or under this Act; (j) the contravention of a provision of this Act or the regulations; or (k) a finding of guilt of— (i) an indictable offence in Victoria, or an equivalent offence in another jurisdiction; or (ii) an offence if the dental care provider's ability to continue to practise is likely to be affected because of the finding of guilt or if it is not in the public interest to allow the dental care provider to continue to practise because of the finding of guilt; or (iii) an offence as a dental care provider under any other Act or regulations. _______________ s. 3 -- 9 of 85 -- Act No. 26/1999 Dental Practice Act 1999 6 PART 2—REGISTRATION Division 1—Procedure for Obtaining Registration 4. Application for registration (1) A natural person may apply to the Board to be registered to provide dental care. (2) An application must— (a) specify the division or subdivision of the register that the person wishes to be registered in; and (b) be in writing and contain— (i) details of any information required by section 20 and of any claims referred to in that section that have been made but not dealt with by a court or agreed to be settled by the applicant; and (ii) a postal address for the person; and (iii) the address of any premises where the person proposes to provide dental care; and (iv) the prescribed information; and (c) be accompanied by evidence of the qualifications which the applicant claims entitle him or her to be registered in the division or subdivision of the register applied for; and (d) be accompanied by the fee fixed by the Board. (3) The Board may require— (a) the applicant to provide satisfactory evidence that the applicant will, at the time of s. 4 -- 10 of 85 -- Act No. 26/1999 Dental Practice Act 1999 7 commencing to provide dental care, be covered by any insurance required by the Board against civil liability in connection with the provision of dental care; and (b) the applicant to provide further information or material in respect of the application; and (c) that the information in the application be verified by a declaration under section 107 of the Evidence Act 1958; and (d) proof of identity of the person making the application. 5. Qualifications for registration A person is qualified to be registered as a dental care provider in a division or subdivision of the register if that person— (a) has successfully completed a course of study approved by the Board in respect of that division or subdivision; or (b) in the opinion of the Board, has a qualification that is substantially equivalent or is based on similar competencies to a course of study approved by the Board; or (c) has passed an examination set by or on behalf of the Board; or (d) has a qualification that is recognised in another State or Territory of the Commonwealth or New Zealand for the purposes of undertaking work of a similar nature to that which a person, holding a qualification to which paragraph (a), (b) or (c) applies, is qualified to undertake. s. 5 -- 11 of 85 -- Act No. 26/1999 Dental Practice Act 1999 8 6. Registration (1) The Board must grant registration as a dental care provider in the division or subdivision that the person has applied to be registered for, if— (a) satisfied that the person is qualified under section 5 to be registered in that division or subdivision; and (b) there are no grounds under sub-section (2) under which the Board may refuse to grant registration to the person; and (c) the circumstances are such that section 7 and 8 do not apply; and (d) the person has provided the evidence of any insurance required under section 4(3)(a); and (e) the person has paid the fee fixed by the Board under section 4(2)(d). (2) The Board may refuse to grant registration to an applicant on any one or more of the following grounds— (a) that the character of the applicant is such that it would not be in the public interest to allow the applicant to practise as a registered dental care provider; (b) that the applicant is unfit to practise as a registered dental care provider because he or she is an alcoholic or drug-dependent person; (c) that the applicant has been found guilty of an indictable offence in Victoria or an equivalent offence in another jurisdiction; (d) that the applicant has been found guilty of an offence where the ability of the applicant to practise is likely to be affected because of the finding of guilt or where it is not in the s. 6 -- 12 of 85 -- Act No. 26/1999 Dental Practice Act 1999 9 public interest to allow the applicant to practise because of the finding of guilt; (e) that the applicant has previously been registered under this Act or registered or licensed under the Dentists Act 1972 or the Dental Technicians Act 1972 and during the course of that registration or licensing has had proceedings under Part 3 or similar proceedings under the Dentists Act 1972 or the Dental Technicians Act 1972 brought against him or her and those proceedings have never been finalised; (f) that, in the opinion of the Board, the applicant is unfit to be registered because he or she has a physical or mental incapacity that significantly affects his or her ability to practise as a registered dental care provider; (g) that the applicant's competency in speaking or otherwise communicating in English is not sufficient for that person to practise as a registered dental care provider; (h) that the applicant has previously held a right to practise as a dental care provider in another State or Territory or another country, being the equivalent of registration as a dental care provider under this Act, and that right has been cancelled or suspended and not restored because of conduct which, if committed within Victoria, would entitle the Board to suspend or cancel the registration; (i) that, in the case of an applicant whose name has been removed from the register under section 12(3), the Board is satisfied the applicant has not— s. 6 -- 13 of 85 -- Act No. 26/1999 Dental Practice Act 1999 10 (i) had sufficient practice in the provision of dental care in the preceding 5 years to be able to provide dental care; or (ii) completed any training as an alternative to the practise of dental care. (3) A grant of registration under this section is subject to— (a) a condition that the dental care provider must only provide dental care in the division or subdivision for which the person is registered; and (b) any prescribed condition; and (c) any other condition, limitation or restriction that the Board imposes under sub-section (4). (4) The Board may impose any condition, limitation or restriction it thinks appropriate on registering a person including a condition that— (a) the dental care provider must hold insurance against civil liability in connection with the provision of dental care during the course of that provision; or (b) the dental care provided by the person must be covered by such insurance; or (c) the dental care provider must be specified or referred to in such insurance, whether by name or otherwise, as a person to whom the insurance cover extends. (5) The Board may, upon application by the registered dental care provider, amend, vary or revoke any condition, limitation or restriction imposed under sub-section (4). s. 6 -- 14 of 85 -- Act No. 26/1999 Dental Practice Act 1999 11 7. Specific registration (1) The Board may grant or refuse to grant specific registration as a dental care provider to an applicant if the applicant holds qualifications in dental care which do not qualify that applicant for registration under section 6— (a) to enable that applicant to undertake supervised study or training or a course approved by the Board at an educational or training institution; or (b) to enable that applicant to fill a teaching or research position in the provision of dental care at an educational or training institution approved by the Board; or (c) to enable an applicant from another country to practise in Victoria if that applicant has exchanged practice with a registered dental care provider for a limited period with the prior permission of the Board. (2) A grant of specific registration under this section is subject to— (a) a condition that the period of registration must not exceed 12 months; (b) any other conditions, limitations or restrictions imposed by the Board under sub- section (3). (3) The Board may impose any condition, limitation or restriction it thinks appropriate on granting specific registration including a condition that— (a) the dental care provider must hold insurance against civil liability in connection with the provision of dental care during the course of that provision; or s. 7 -- 15 of 85 -- Act No. 26/1999 Dental Practice Act 1999 12 (b) the dental care provided by the person must be covered by such insurance; or (c) the dental care provider must be specified or referred to in such insurance, whether by name or otherwise, as a person to whom the insurance cover extends. (4) The Board may upon application by the dental care provider granted specific registration, amend, vary or revoke any condition, limitation or restriction imposed under sub-section (3). 8. Student registration (1) The Board may grant or refuse to grant provisional registration as a dental student to a person who does not hold qualifications in dental care referred to in section 5, to enable that person to undertake or complete a course of study or supervised training required for registration as a dental care provider under section 6. (2) The registration of a person as a dental student under this section— (a) continues in force for the period specified by the Board; and (b) is subject to any condition, limitation or restriction imposed by the Board. (3) The Board must not impose a condition on the registration of a person as a dental student relating to holding insurance against civil liability in connection with the provision of dental care. (4) The Board may, upon application by the dental student, amend, vary or revoke any condition, limitation or restriction on the registration of that student. (5) No fee is payable for registration as a dental student under this section. s. 8 -- 16 of 85 -- Act No. 26/1999 Dental Practice Act 1999 13 9. Entitlement of applicant to make submissions If the Board is proposing to refuse an application for registration or to impose conditions, limitations or restrictions on the registration of an applicant, the Board must not do so until— (a) it has given the applicant notice of this proposal; and (b) it has given the applicant an opportunity to make submissions to the Board about the proposal. 10. Notification of outcome of application (1) Upon determining an application for registration under this Part, the Board must notify the applicant as to whether or not registration has been granted to the applicant. (2) A notice under sub-section (1) must include the following information— (a) if registration has been granted— (i) the division or subdivisions of the register in which the applicant has been registered and a description of the dental care that can be provided under that registration; and (ii) the conditions that are imposed on the registration by this Part; and (iii) whether or not any other conditions, limitations or restrictions have been imposed on the registration by the Board and, if so, the reasons for imposing those conditions, limitations or restrictions; s. 9 -- 17 of 85 -- Act No. 26/1999 Dental Practice Act 1999 14 (b) if the registration has not been granted— (i) the reasons why it has not been granted; and (ii) a statement that the applicant has a right to obtain a review of the decision not to grant registration. 11. Duration and renewal of registration (1) The registration of a dental care provider which is not specific or the renewal of such registration continues in force until 31 December next following the grant or renewal of registration. (2) The specific registration of a dental care provider or the renewal of such registration continues in force for 12 months following the grant or renewal of that registration. 12. Application for renewal of and refusal to renew registration (1) An application for renewal of registration must— (a) be made to the Board before the existing registration expires; and (b) be in writing setting out details of any information required by section 20 and of any claims referred to in that section that have been made but not dealt with by a court or agreed to be settled by the applicant; and (c) if the applicant proposes to provide dental care, be accompanied by satisfactory evidence that the applicant will be covered by any insurance required by the Board against civil liability in connection with that provision; and (d) be accompanied by the fee fixed by the Board. s. 11 -- 18 of 85 -- Act No. 26/1999 Dental Practice Act 1999 15 (2) If a person does not apply for renewal of registration before the end of the existing registration period, the Board may renew that person's registration if application is made within 3 months after the end of the registration period and if the applicant pays an additional renewal fee fixed by the Board which must not be more than 50% of the original fee. (3) If a person's registration has expired without being renewed that person is deemed to be registered for a period of 3 months after that expiry, and if, at the end of that period of 3 months, that person has not renewed his or her registration, the Board must remove that person's name from the register. (4) The Board may refuse to renew the registration of an applicant under this Part— (a) if the Board is satisfied that the applicant for renewal has not had sufficient experience in the provision of dental care in the preceding 5 years to be able to provide that dental care and has not completed any training as an alternative to the practise of dental care; or (b) on any ground on which the Board might refuse to grant registration. (5) The Board may, on the application by the registered dental care provider or dental student at the time of the renewal of that person's registration, amend, vary, or revoke any condition, limitation or restriction on the registration of that person. 13. Restoration of name to the register (1) If a person whose name has been removed from the register under section 12(3)— s. 13 -- 19 of 85 -- Act No. 26/1999 Dental Practice Act 1999 16 (a) applies to the Board within 2 years from the date of that removal to have his or her name restored to the register; and (b) pays to the Board the fee fixed by the Board for that purpose within that period— the Board may restore that person's name to the register. (2) A person whose name is restored to the Register under sub-section (1) is to be treated as if the person's registration expired 3 months after the date on which the name was restored. 14. Effect of suspension of registration For the purposes of this Act, a dental care provider or dental student whose registration is suspended is deemed to be not registered for the period of that suspension. 15. Registration obtained by fraud (1) If the Board believes that the registration of a dental care provider has been obtained by fraud or misrepresentation or that the qualifications upon which the dental care provider relied for registration have been withdrawn the Board must conduct a hearing into the matter. (2) The Board must give notice of the time and place of the hearing to the dental care provider. (3) The provisions applying to the conduct of a formal hearing under Part 3 apply to a hearing under this section as if the hearing under this section were a formal hearing. (4) If, at the end of the hearing, the Board determines that the registration of the dental care provider has been obtained by fraud or misrepresentation or that the qualifications upon which the dental care provider has relied for registration have been s. 14 -- 20 of 85 -- Act No. 26/1999 Dental Practice Act 1999 17 withdrawn, the Board must cancel the registration of the dental care provider. Division 2—Other requirements 16. The register (1) The Board must cause to be kept a register of all dental care providers and dental students to whom the Board has granted registration under this Act. (2) The register is to be divided into the divisions specified and the subdivisions specified in this section. (3) The register is to consist of the following divisions— (a) the division of dentists, which is to be a list of the names of every person registered as a dentist under this Part; (b) the division of dental prosthetists, which is to be a list of the names of every person registered as a dental prosthetist under this Part; (c) the division of dental auxiliaries, which is to be a list of the names of every person registered as a dental auxiliary under this Part; (d) the division of dental students, which is to be a list of the names of every person granted registration as a dental student under section 8. (4) The division of dentists is to contain a subdivision of dental specialists, which is to be a list of the names of every person registered as a dental specialist under this Part in a special branch of dentistry recognised by the Board. s. 16 -- 21 of 85 -- Act No. 26/1999 Dental Practice Act 1999 18 (5) The division of dental auxiliaries is to contain a subdivision of dental hygienists and a subdivision of dental therapists. (6) The following particulars must be included on the register against the name of the person to whom they apply— (a) a description of the division and subdivision (if any) of registration and the dental care that the person is qualified to provide; (b) any current suspension of the registration of the person; (c) any current condition, limitation or restriction imposed on the registration of the person; (d) if the person is registered as a dental specialist, the branch of dentistry specified by the Board that the person is qualified to provide; (e) the postal address of the person; (f) the address of the premises where the person provides dental care; (g) the prescribed information. (7) The register may be inspected at the office of the Board by any person during ordinary office hours without charge. (8) A person may obtain a copy of, or an extract from, the register on payment of the fee fixed by the Board. (9) A registered dental care provider's or dental student's private address must not appear on that part of the register which is open to the public for inspection, unless— s. 16 -- 22 of 85 -- Act No. 26/1999 Dental Practice Act 1999 19 (a) that address is also the premises where the dental care provider or dental student provides dental care; or (b) the dental care provider or dental student so authorises. 17. Certificates (1) Upon— (a) granting registration to a person under this Part; or (b) renewing the registration of a person under this Part— the Board must issue to that person a written document containing the prescribed information as evidence of the registration. (2) If a dental care provider's or dental student's registration under this Part has been suspended or cancelled, the dental care provider must return the document referred to in sub-section (1) to the Board. Penalty: 20 penalty units. 18. Use of certificate as evidence A certificate purporting to be signed by the President or any 2 members of the Board to the effect that— (a) a person is or is not or was or was not, at any specified date, registered; or (b) a person is or is not or was or was not, at any specified date, registered in a specified division or subdivision of the Register; or s. 17 -- 23 of 85 -- Act No. 26/1999 Dental Practice Act 1999 20 (c) that any disciplinary or other action is or is not or was or was not, at any specified date, being taken against that person— is evidence, and, in the absence of evidence to the contrary, is proof of the matters stated in it. 19. Requirement to notify the Board re address (1) A registered dental care provider must notify the Board in writing of the address of any premises where the dental care provider is providing dental care which has not been notified to the Board under section 4(2)(b)(iii). (2) A registered dental care provider or dental student must notify the Board in writing of any change of the address of the dental care provider which appears on the register within 14 days after that change. Penalty: 10 penalty units. 20. Provision of information (1) If a person has claimed damages or other compensation from a registered dental care provider for alleged negligence in the course of providing dental care, the dental care provider must provide the Board with information about the following matters within 30 days after their occurrence— (a) the dental care provider is ordered by a court to pay damages or other compensation in respect of the claim; (b) the dental care provider agrees to pay a sum of money in settlement of that claim. (2) If a registered dental care provider has in respect of an indictable offence— (a) been committed for trial; or s. 19 -- 24 of 85 -- Act No. 26/1999 Dental Practice Act 1999 21 (b) been convicted or found guilty of the offence— the provider must notify the Board within 30 days after that commitment, conviction or finding of guilt. (3) An applicant for registration or renewal of registration as a dental care provider must ensure that details of any of the matters referred to in sub-section (1) or (2) are set out in the application. _______________ s. 20 -- 25 of 85 -- Act No. 26/1999 Dental Practice Act 1999 22 PART 3—INVESTIGATIONS OF DENTAL CARE PROVIDERS Division 1—Preliminary investigations into professional conduct 21. Complaints about the professional conduct of dental care providers (1) A person may make a complaint about a registered dental care provider to the Board. (2) A person may make a complaint to the Board about a person whose registration as a dental care provider has not been renewed if the complaint relates to conduct of the dental care provider at a time when that person was registered. (3) A person may make a complaint about a registered dental student to the Board concerning the ability of the student to provide dental care as part of his or her course of study because of any of the matters referred to in section 27(2). 22. When complaints about professional conduct are to be investigated by Health Services Commissioner (1) If the Board receives a complaint about a registered dental care provider, and the complaint is of a kind which may be made under the Health Services (Conciliation and Review) Act 1987, the Board must notify the Health Services Commissioner and give a copy of the complaint to the Health Services Commissioner as soon as possible after it has received the complaint. (2) The Board, in consultation with the Health Services Commissioner, must determine whether or not the complaint is to be dealt with by the Commissioner or the Board. s. 21 -- 26 of 85 -- Act No. 26/1999 Dental Practice Act 1999 23 (3) The Health Services (Conciliation and Review) Act 1987 applies to a complaint made under this Part which is to be dealt with by the Health Services Commissioner as if the complaint were made under Part 3 of that Act. (4) The Board must not deal further with a complaint made under this Part that is to be dealt with by the Health Services Commissioner unless the Health Services Commissioner refers the matter back to the Board under section 19(6) of the Health Services (Conciliation and Review) Act 1987. (5) If a complaint has been referred to and is being dealt with by the Health Services Commissioner, the Commissioner must advise the Board, when the matter is completed, of the outcome of the matter. 23. When complaints about professional conduct are to be investigated by the Board (1) The Board must investigate a complaint concerning the professional conduct of a registered dental care provider unless— (a) the complaint is to be dealt with by the Health Services Commissioner under section 22; or (b) the Board has determined the complaint to be frivolous or vexatious. (2) In order to determine whether or not it is necessary to conduct a formal or informal hearing into a complaint, the Board must conduct a preliminary investigation into the complaint. (3) The Board may, in writing, delegate to— (a) an officer of the Board; or (b) an investigator retained by the Board; or s. 23 -- 27 of 85 -- Act No. 26/1999 Dental Practice Act 1999 24 (c) a member of the Board or a number of members not exceeding 3— its power to conduct a preliminary investigation into a complaint, other than its power to make determinations upon a preliminary investigation. 24. Outcome of preliminary investigation (1) Upon completing a preliminary investigation, the person or persons conducting the investigation may make one of the following recommendations— (a) that the investigation into the matter should not proceed further; or (b) that an informal or formal hearing should be held into the matter. (2) The Board must determine whether or not to act on the recommendations of any person conducting the preliminary investigation. 25. Board may institute a hearing into professional conduct The Board may, of its own motion, determine to conduct a formal or informal hearing into the professional conduct of a registered dental care provider without conducting a preliminary investigation. 26. Suspension of registration upon commencement of investigation (1) The Board, upon making a determination— (a) to conduct a preliminary investigation into a complaint made to the Board about the professional conduct of a registered dental care provider; or (b) to conduct a formal or informal hearing into the professional conduct of a registered s. 24 -- 28 of 85 -- Act No. 26/1999 Dental Practice Act 1999 25 dental care provider without preliminary investigation— may suspend the registration of the dental care provider until any investigation and any hearing into the matter is completed if the Board is of the opinion that it is necessary to do so because there is a serious risk that the health and safety of the public will be endangered. (2) If the Board has suspended the registration of a dental care provider under sub-section (1), it must— (a) immediately notify the dental care provider of that suspension; and (b) ensure that the matter is investigated as soon as practicable after that suspension. Division 2—Preliminary investigation into the health of dental care providers 27. Commencement of preliminary investigation (1) If the Board believes the ability of a dental care provider to provide dental care of the type for which he or she is registered may be affected because— (a) of the physical or mental health of the dental care provider; or (b) the dental care provider has an incapacity; or (c) the dental care provider is an alcoholic or drug-dependent person— the Board may appoint one of its members to conduct a preliminary investigation into the matter. (2) If the Board believes the ability of a registered dental student to provide dental care as part of his s. 27 -- 29 of 85 -- Act No. 26/1999 Dental Practice Act 1999 26 or her course of study or training may be affected because— (a) of the physical or mental health of the student; or (b) the student has an incapacity; or (c) the student is an alcoholic or drug-dependent person— the Board may appoint one of its members to conduct a preliminary investigation into the matter. 28. Notification to dental care providers and students (1) The member of the Board appointed to investigate the matter must give notice of the preliminary investigation to the dental care provider or dental student. (2) A notice under sub-section (1) must— (a) be in writing; and (b) be sent by registered post as soon as practicable after the Board's decision has been made; and (c) advise the dental care provider or dental student of the nature of the matter to be investigated; and (d) ask the dental care provider or dental student to advise the Board as to whether or not he or she will agree to undergo an examination relating to any of the matters referred to in section 27 within 28 days after receiving the notice; and (e) advise the dental care provider or dental student of the procedures that can be taken under this Part. s. 28 -- 30 of 85 -- Act No. 26/1999 Dental Practice Act 1999 27 29. Examination (1) If the dental care provider or dental student agrees to undergo an examination within 28 days, the dental care provider or dental student must be examined by a registered medical practitioner and any other registered health practitioner who are agreed upon by the Board and the dental care provider or dental student. (2) If the Board and the dental care provider or dental student are unable to agree upon the persons to conduct the examination, the Minister must appoint a registered medical practitioner and any other registered health practitioner necessary to perform the examination. (3) The Board must pay for the examination. 30. Report of examination (1) The registered medical practitioner must give a report of the examination to the member of the Board appointed to investigate the matter and, not more than 7 days later, to the dental care provider or dental student being investigated. (2) The person appointed to investigate the matter must discuss the report with the dental care provider or dental student and, in the case of an adverse finding in the report, the possible ways of dealing with that finding. (3) After discussing the report with the dental care provider or dental student, the person appointed to investigate the matter must report to the Board. (4) Despite sub-section (1), if the report contains information of a medical or psychiatric nature concerning the dental care provider or dental student, and it appears to the person appointed to conduct the investigation that the disclosure of that information to the dental care provider or s. 29 -- 31 of 85 -- Act No. 26/1999 Dental Practice Act 1999 28 dental student might be prejudicial to the physical or mental health or well being of the dental care provider or dental student, the investigator may decide not to give that information to the dental care provider or dental student but to give it instead to a registered medical practitioner and to a registered dental care provider who are nominated by the dental care provider or dental student who is the subject of the examination. (5) Before acting under sub-section (4), the investigator must report to the Board and, if the investigator is not a registered medical practitioner and the Board is of the opinion that it is necessary for the investigation of the matter to be continued by a registered medical practitioner, the Board may appoint a registered medical practitioner to continue the investigation. 31. Outcome of preliminary investigation (1) If, after considering the reports given under section 30, the Board decides that further action should be taken, the Board must ask the dental care provider or dental student whether or not he or she is prepared to agree to— (a) alter the way in which he or she practises or provides dental care; or (b) the imposition of any condition, limitation or restriction on his or her registration; or (c) the suspension of his or her registration for the period of time specified by the Board. (2) The Board may take any action that is necessary to implement an agreement under sub-section (1). s. 31 -- 32 of 85 -- Act No. 26/1999 Dental Practice Act 1999 29 32. Referral to formal hearing If a registered dental care provider or dental student who is the subject of a preliminary investigation under this Division— (a) does not agree to undergo an examination under section 29 or does not abide by an agreement to undergo such an examination; or (b) does not reach an agreement with the Board under section 31 or does not abide by an agreement reached with the Board under section 31— the Board may refer the matter to a formal hearing. 33. Request for conditions, limitations or restrictions (1) A registered dental care provider or dental student who believes that his or her ability to provide dental care is affected because— (a) of his or her physical or mental health; or (b) he or she has an incapacity; or (c) he or she is an alcoholic or drug-dependent person— may ask the Board to impose a condition, limitation or restriction on his or her registration. (2) If the Board and the dental care provider or dental student agree upon the condition, limitation or restriction to be imposed, the Board may impose it. (3) If the dental care provider or dental student and the Board do not agree upon the condition, limitation or restriction to be imposed, the Board must refer the matter to a preliminary investigation. s. 32 -- 33 of 85 -- Act No. 26/1999 Dental Practice Act 1999 30 34. Revocation of suspension of registration or condition, limitation or restriction imposed on registration The Board may revoke a condition, limitation or restriction imposed under this Part on the registration of a registered dental care provider or dental student or the suspension under this Part of a registered dental care provider's or dental student's registration, if the dental care provider or dental student satisfies the Board that his or her ability to provide dental care of the type for which he or she is registered is no longer affected. 35. Immediate suspension of registration (1) If the Board has referred a matter to a formal hearing under this Division, the Board may suspend the registration of the dental care provider or dental student until the hearing is completed, if the Board is of the opinion that the ability of the dental care provider or dental student to provide dental care is affected to such an extent that to allow the dental care provider or dental student to continue to practise or provide care would pose a serious risk that the health and safety of the public will be endangered. (2) If the Board has suspended the registration of a dental care provider or dental student under sub- section (1), it must— (a) immediately notify the dental care provider or dental student of that suspension; and (b) ensure that the matter is investigated as soon as practicable after that suspension. s. 34 -- 34 of 85 -- Act No. 26/1999 Dental Practice Act 1999 31 Division 3—Formal and Informal Hearings 36. Establishment and notification of an informal hearing If the Board has determined that an informal hearing be held into the professional conduct of a registered dental care provider under section 24 or 25, the Board must— (a) appoint a panel to hold the hearing; and (b) fix a time and place for the hearing to be held; and (c) by registered post, serve a notice on the dental care provider which complies with section 38; and (d) serve notice on any complainant by registered post under section 55(4)(a) and (b). 37. Constitution of a panel for an informal hearing (1) A panel appointed under section 36 is to consist of not more than 3 persons— (a) who are to be members of the Board; and (b) of whom, at least 1 is to be a dental care provider registered in the same division, or if the dental care provider is registered in a subdivision in the same subdivision, as the dental care provider who is the subject of the hearing. (2) If— (a) the Board is unable to appoint a panel because there are not enough members available to sit on it; or s. 36 -- 35 of 85 -- Act No. 26/1999 Dental Practice Act 1999 32 (b) the Board is of the opinion that a person with special expertise is required for the hearing— the President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (4). (3) A person who has undertaken a preliminary investigation of the matter is not entitled to be a member of the panel. (4) The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be available to be appointed to a panel under sub-section (2). 38. Notice of an informal hearing A notice of an informal hearing under section 36 must— (a) state the nature of the hearing and the allegations made against the dental care provider; and (b) give the time and place of the hearing; and (c) state that the dental care provider may choose to have the matter determined by a formal hearing and state the differences between a formal and informal hearing; and (d) state that there is no right to legal representation at the hearing, but that the dental care provider is entitled to be present and to make submissions and to be accompanied by another person, that the hearing is not open to the public and list the possible findings the panel can make or orders the panel can give. s. 38 -- 36 of 85 -- Act No. 26/1999 Dental Practice Act 1999 33 39. Conduct of an informal hearing At an informal hearing— (a) the panel must hear and determine the matter before it; and (b) the dental care provider who is the subject of the hearing is entitled to be present, to make submissions and to be accompanied by another person but is not entitled to be represented; and (c) the proceedings of the hearing must not be open to the public. 40. Findings and determinations of an informal hearing (1) After considering all the submissions made to the hearing the panel may find either— (a) that the dental care provider has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature; or (b) that the dental care provider has not engaged in unprofessional conduct. (2) If the panel finds that the dental care provider has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature, the panel may make one or more of the following determinations— (a) that the dental care provider undergo counselling; (b) that the dental care provider undertake further education of the kind stated in the determination and to complete it within the period specified in the determination; (c) that the dental care provider be cautioned; (d) that the dental care provider be reprimanded. s. 39 -- 37 of 85 -- Act No. 26/1999 Dental Practice Act 1999 34 41. Change of informal hearing to formal hearing during course of hearing If, before the end of the hearing— (a) the dental care provider who is the subject of the hearing fails to attend the hearing without good cause; or (b) the dental care provider requests that a formal hearing be held; or (c) the panel is of the opinion that a formal hearing should be held— the panel must abandon the informal hearing and refer the matter to a formal hearing. 42. Request for formal hearing upon completion of informal hearing Upon the completion of an informal hearing, the dental care provider who was the subject of the hearing may request that a formal hearing be held to review any findings and determinations of the informal hearing. 43. Establishment and notification of formal hearing If— (a) the Board has determined that a formal hearing be held under section 24 or 25 or has referred a matter to a formal hearing under section 32; or (b) a dental care provider has requested a formal hearing under section 42; or (c) a panel has referred a matter to a formal hearing under section 41— the Board must— s. 41 -- 38 of 85 -- Act No. 26/1999 Dental Practice Act 1999 35 (d) appoint a panel to hold the hearing; and (e) fix a time and place for the hearing to be conducted; and (f) serve a notice on the dental care provider or dental student by registered post which complies with section 45; and (g) serve a notice on any complainant by registered post under section 55(4)(a) and (b). 44. Constitution of a hearing panel for a formal hearing (1) A panel appointed under section 43 must consist of not less than 3 persons— (a) who are to be members of the Board; and (b) of whom 1 is to be a lawyer and at least 1 is to be a dental care provider or dental student registered in the same division or subdivision as the dental care provider or dental student who is the subject of the hearing. (2) If— (a) the Board is unable to appoint a panel because there are not enough members available to sit on it; or (b) the Board is of the opinion that a person with special expertise is required for the hearing— the President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (4). (3) The following people are not entitled to be members of a panel for a formal hearing— s. 44 -- 39 of 85 -- Act No. 26/1999 Dental Practice Act 1999 36 (a) a person who has undertaken a preliminary investigation of the matter which is the subject of the hearing; (b) a person who has been a member of a panel which held an informal hearing into the matter. (4) The Governor in Council, on the recommendation of the Minister, may appoint persons who are not members of the Board to be available to be appointed to a panel under sub-section (2). 45. Notice of a formal hearing A notice of a formal hearing under section 43 must— (a) state the nature of the hearing and the allegations made against the dental care provider or student; and (b) give the time and place of the hearing; and (c) state that there is a right to make submissions and to be represented, that the hearing is open to the public, list the possible findings the panel can make and state that there is a right to apply for a review of the panel's findings. 46. Conduct of a formal hearing At a formal hearing— (a) the hearing panel must hear and determine the matter before it; and (b) the dental care provider or dental student who is the subject of the hearing is entitled to be present, to make submissions and to be represented; and (c) if the hearing arises out of a complaint, the identity of the complainant is not to be s. 45 -- 40 of 85 -- Act No. 26/1999 Dental Practice Act 1999 37 published or broadcast and the complainant— (i) in the case of a proceeding which has not been closed under paragraph (d), is entitled to be present; and (ii) if not called as a witness, may make submissions with the permission of the Board; and (d) the proceedings are to be open to the public unless the panel determines that the proceedings should be closed because the hearing is taking evidence of intimate, personal or financial matters and, if the panel has determined that the proceedings are closed, the panel may determine that the identity of any witness giving evidence in the proceedings is not to be published or broadcast. 47. Findings and determinations of a formal hearing into conduct (1) After considering all the submissions made to a formal hearing into the professional conduct of a registered dental care provider the panel may find that— (a) the dental care provider has, whether by act or omission, engaged in unprofessional conduct of a serious nature; or (b) the dental care provider has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature; or (c) the dental care provider has not engaged in unprofessional conduct. (2) If the panel finds that the dental care provider has, whether by act or omission, engaged in unprofessional conduct of a serious nature, the s. 47 -- 41 of 85 -- Act No. 26/1999 Dental Practice Act 1999 38 panel may make one or more of the following determinations— (a) require the dental care provider to undergo counselling; (b) caution the dental care provider; (c) reprimand the dental care provider; (d) require the dental care provider to undertake further education of the kind stated in the determination and to complete it within the period specified in the determination; (e) impose conditions, limitations or restrictions on the registration of the dental care provider; (f) impose a fine on the dental care provider of not more than $10 000; (g) suspend the registration of the dental care provider for the period specified in the determination; (h) cancel the registration of the dental care provider. (3) If the panel finds under sub-section (1)(b) that the dental care provider has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature, the panel may make any determinations which a panel at an informal hearing is able to make upon making such a finding. (4) The panel must not impose a fine where the conduct which is the subject of the finding has resulted in a fine being imposed by another tribunal or court of law. (5) If the panel has made a determination under sub- section (2)(a), (d) or (f) and the dental care provider has not complied with the determination s. 47 -- 42 of 85 -- Act No. 26/1999 Dental Practice Act 1999 39 within the time specified in the determination, the Board may suspend the dental care provider's registration until the order is complied with. 48. Findings and determinations of a formal hearing into ability to practise (1) After considering all the submissions made to a formal hearing into the ability to practise of a registered dental care provider or dental student, the panel may find that— (a) the ability of the dental care provider or student to practise or provide dental care is affected because— (i) of the physical or mental health of the dental care provider or dental student; or (ii) the dental care provider or dental student has an incapacity; or (iii) the dental care provider or dental student is an alcoholic or drug- dependent person; or (b) the ability of the dental care provider or student is not affected. (2) If the panel makes a finding under sub-section (1)(a), the panel may make one or more of the following determinations— (a) to impose any condition, limitation or restriction on the registration of the dental care provider or dental student; (b) to suspend the registration of the dental care provider or dental student for the period and subject to the conditions, limitations and restrictions, if any, specified in the determination. s. 48 -- 43 of 85 -- Act No. 26/1999 Dental Practice Act 1999 40 Division 4—General Provisions relating to Investigations 49. Investigation etc. may continue even if person no longer registered The Board may— (a) conduct or continue to conduct an investigation into the professional conduct of a person who was a registered dental care provider at the time a complaint was made or the Board had determined to conduct an investigation into the conduct and make a finding or determination under this Part; or (b) conduct or continue to conduct a hearing and make a finding or determination under this Part in relation to a person who was a registered dental care provider at the time the Board had determined to conduct a hearing into the conduct— even though the person has ceased to be a registered dental care provider or the person's registration has been suspended. 50. Procedure at formal and informal hearings At a formal or informal hearing— (a) subject to this Part, the procedure of a panel is in its discretion; and (b) the proceedings must be conducted with as little formality and technicality as the requirements of this Act and the proper consideration of the matter permit; and (c) a panel is not bound by rules of evidence but may inform itself in any way it thinks fit; and (d) a panel is bound by the rules of natural justice. s. 49 -- 44 of 85 -- Act No. 26/1999 Dental Practice Act 1999 41 51. Powers of panel conducting a formal hearing Sections 14, 15, 16, 20A and 21A of the Evidence Act 1958 apply to a panel in the conduct of a formal hearing as if it were a Board or the Chairman of a Board appointed by the Governor in Council. 52. Determinations (1) A determination made by a panel on a hearing comes into operation on the day it is made or at any later time stated in the determination. (2) A determination of a panel is to have effect as if it were a determination of the Board. (3) If a fine is imposed by a panel it may be recovered by the Board as a debt due to the Board. 53. Removal of suspension, condition, limitation or restriction (1) If the Board has suspended the registration of a dental care provider until the completion of a hearing, and at the completion of the hearing the panel determines that the suspension should be removed, the Board must remove the suspension. (2) If a condition, limitation or restriction has been imposed on the registration of a dental care provider and, at the completion of a hearing, the panel determines that the condition, limitation or restriction should be removed, the Board must remove that condition, limitation or restriction. 54. Reasons for determinations of panel A panel must give reasons for a determination made under this Part, to the dental care provider or dental student who was the subject of the determination within 28 days after the making of the determination. 55. Notifications s. 51 s. 55 -- 45 of 85 -- Act No. 26/1999 Dental Practice Act 1999 42 (1) If a determination has been made by a panel— (a) imposing conditions, limitations or restrictions on the registration of a dental care provider; or (b) suspending the registration of a dental care provider; or (c) cancelling the registration of a dental care provider— the Board must give notice of the determination— (d) in the Government Gazette; and (e) to the authorities responsible for registering dental care providers in all other States or Territories of the Commonwealth and in New Zealand; and (f) to the Health Services Commissioner; and (g) if the dental care provider is an employee, to his or her employer; and (h) if the Board has received a request for information about the person in respect of whom the determination has been made from an authority responsible for registering dental care providers outside Australia or New Zealand, to that authority. (2) Notice under sub-section (1) must be given as soon as practicable after the determination has been made. (3) No action for defamation lies against the Board or its members for giving a notice under this section. (4) If a complaint has been made to the Board, the Board must notify the complainant— (a) of whether or not a formal or informal hearing is to be conducted into the matter and, if so, of the time and place of the -- 46 of 85 -- Act No. 26/1999 Dental Practice Act 1999 43 hearing and, in the case of a formal hearing, of the fact that the complainant's identity is not to be published or broadcast; and (b) in the case of a formal or informal hearing, of whether or not the complainant has any right to make submissions at the hearing; and (c) of the findings and determinations of any hearing arising from that complaint and the reasons for those findings and determinations, within 28 days after their having been made. 56. Offence to disclose information identifying complainant (1) A person must not publish or broadcast or cause to be published or broadcast any report of a formal hearing under this Part which contains information which would enable— (a) the complainant to be identified; or (b) if the panel has made a determination prohibiting the publication or broadcast of the identity of a witness, that witness to be identified— unless the complainant or witness has, before publication or broadcast, consented to this. Penalty: 50 penalty units for a natural person or 100 penalty units for a body corporate. (2) A person must not, prior to the making of a determination in relation to a hearing under this Part, publish or broadcast or cause to be published or broadcast any report of the hearing that contains information which would enable the dental care provider to be identified unless the dental care provider has, before publication or broadcast, consented to this. s. 56 -- 47 of 85 -- Act No. 26/1999 Dental Practice Act 1999 44 Penalty: 50 penalty units for a natural person or 100 penalty units for a body corporate. 57. Terms and conditions of appointment of panel members (1) A member of a panel is appointed on the terms and conditions determined by the Board for that member. (2) A member of a panel, other than a member who is an employee under Part 3 of the Public Sector Management and Employment Act 1998, is entitled to receive the fees that are fixed from time to time by the Governor in Council for members of panels. (3) A member of a panel is entitled to receive the allowances that are fixed from time to time by the Governor in Council. (4) In fixing fees under sub-section (2), the Governor in Council may fix different fees for different classes of cases. (5) The Governor in Council may fix fees and allowances by reference to any directions given by the Commissioner of Public Employment under the Public Sector Management and Employment Act 1998. _______________ s. 57 -- 48 of 85 -- Act No. 26/1999 Dental Practice Act 1999 45 PART 4—REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL 58. Review by VCAT (1) A person may apply to the Victorian Civil and Administrative Tribunal for review of— (a) a decision to refuse the person's application for registration or renewal of registration; or (b) a decision to impose a condition, limitation or restriction on the person's registration; or (c) a decision of the Board to suspend the registration of the person, if the Board has not instituted an investigation into the professional conduct or ability to practise of that person within 28 days after having suspended that registration; or (d) a determination made at a formal hearing under Part 3. (2) A person who made a complaint that was the subject of a determination under Part 3 may apply to the Victorian Civil and Administrative Tribunal for review of that determination. (3) The application must be made within— (a) 60 days after the date on which the Board gives notice of a decision referred to in sub- section (1)(c); or (b) 28 days after the date on which the Board gives notice of any other decision or determination to the person concerned. 59. Notification If a decision or determination has been reviewed by the Victorian Civil and Administrative Tribunal, the Board must notify any person who s. 58 -- 49 of 85 -- Act No. 26/1999 Dental Practice Act 1999 46 was notified of the original decision or determination of any change to that decision, finding or determination by the Tribunal. _______________ s. 59 -- 50 of 85 -- Act No. 26/1999 Dental Practice Act 1999 47 PART 5—OFFENCES 60. Claims by persons as to registration (1) A person who is not a registered dental care provider must not— (a) take or use the title of registered advanced dental technician, registered dentist, registered dental auxiliary, registered dental hygienist, registered dental practitioner, registered dental prosthetist, registered dental surgeon, registered dental specialist, registered dental therapist or any other title calculated to induce a belief that the person is registered under this Act; or (b) claim to be registered under this Act or hold himself or herself out as being registered under this Act; or (c) carry out any act which is required to be carried out by a registered dental care provider by or under any other Act; or (d) claim to be qualified to practise as a dental care provider. Penalty: 100 penalty units. (2) Sub-section (1) does not apply to a registered dental student who is providing dental care in accordance with the student's registration as part of a course of study at an institution recognised by the Board for the purposes of this Act. (3) A registered dental care provider whose registration is specific must not— (a) take or use any title calculated to induce a belief that the dental care provider's registration is not specific; or s. 60 -- 51 of 85 -- Act No. 26/1999 Dental Practice Act 1999 48 (b) claim to have or hold himself or herself out as having registration under section 6. Penalty: 50 penalty units. (4) A registered dental care provider must not— (a) claim to be registered under this Act in a division or subdivision of the register in which he or she is not registered or hold himself or herself out as being registered in a division or subdivision of the register if the person is not registered in that division or subdivision; or (b) claim to be qualified to practise as a dental care provider in a division or subdivision of the register in which he or she is not registered; or (c) take or use any title calculated to induce a belief that the dental care provider is registered in any division or subdivision of the register if the person is not registered in that division or subdivision. Penalty: 50 penalty units. (5) A registered dental care provider whose registration is subject to a condition, limitation or restriction must not— (a) take or use any title calculated to induce a belief that the dental care provider's registration is not subject to a condition, limitation or restriction; or (b) claim to have or hold himself or herself out as having a registration which is not subject to any condition, limitation or restriction. Penalty: 50 penalty units. (6) A person must not hold out another person as being registered under this Act if the person s. 60 -- 52 of 85 -- Act No. 26/1999 Dental Practice Act 1999 49 knows or ought reasonably to know that the other person is not so registered. Penalty: 50 penalty units. (7) A person must not hold out another person as being registered under this Act in a particular division or subdivision of the register if the person knows or ought reasonably to know that the other person is not registered in that division or subdivision. Penalty: 50 penalty units. (8) If a body corporate contravenes sub-section (1), any person who is concerned in or takes part in the management of that body corporate who was, in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the offence also commits an offence under sub-section (1) and is liable for the penalty applicable to a natural person for that offence. 61. Restriction on practising dentistry (1) A person must not practise dentistry unless he or she is registered as a dental care provider under this Act. Penalty: 100 penalty units. (2) Nothing in this section operates to prevent— (a) a registered medical practitioner from practising dentistry in the ordinary course of his or her practice as such or in any case where the services of a registered dental care provider are not obtainable; (b) the provision of emergency dental treatment, without fee or reward, if a person is in pain and no registered dental care provider or registered medical practitioner is available; s. 61 -- 53 of 85 -- Act No. 26/1999 Dental Practice Act 1999 50 (c) a registered dental student from providing dental care in accordance with the student's registration as part of a course of study or training at an institution recognised by the Board for the purposes of this Act 62. Use of dental titles in educational institutions A person must not use the title of Dental Institute, Dental Hospital, Dental College, College of Dentistry or School of Dentistry or any similar title in relation to any educational or training institution or any other title calculated to induce a belief that the institution is able to provide education or training leading to qualifications recognised by the Board for registration under this Act unless the institution is recognised by the Board for the purposes of this Act. Penalty: 50 penalty units. 63. Fraud, forgery etc. A person must not— (a) fraudulently or by false representation or declaration (either orally or in writing) obtain registration under this Act; or (b) fraudulently or by false representation (either orally or in writing) procure any person to be registered under this Act; or (c) forge, counterfeit or alter any document relating to registration issued under this Act or any degree, diploma or other evidence of qualifications for registration under this Act. Penalty: 240 penalty units or imprisonment for a period of 2 years or both. 64. Advertising s. 62 s. 64 -- 54 of 85 -- Act No. 26/1999 Dental Practice Act 1999 51 (1) A person must not advertise a dental care provider's practice or dental care provider's services in a manner which— (a) is or is intended to be false, misleading or deceptive; or (b) offers a discount, gift or other inducement to attract patients to a dental care provider or dental care provider's practice unless the advertisement also sets out the terms and conditions of that offer; or (c) refers to, uses or quotes from testimonials or purported testimonials; or (d) creates an unreasonable expectation of beneficial treatment. Penalty: 50 penalty units for a natural person or 100 penalty units for a body corporate. (2) If a body corporate contravenes sub-section (1), any person who is concerned in or takes part in the management of that body corporate who was, in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the offence also commits an offence under sub-section (1) and is liable for the penalty applicable to a natural person for that offence. (3) A person who, in good faith, publishes or prints an advertisement which contravenes sub-section (1) on behalf of another person, is not guilty of an offence under that sub-section. (4) Despite section 26 of the Magistrates' Court Act 1989, proceedings for an offence against this section may be commenced within 3 years after the commission of the alleged offence. (5) A person who advertises a dental care provider's practice or dental care provider's services in a -- 55 of 85 -- Act No. 26/1999 Dental Practice Act 1999 52 manner otherwise than in compliance with this section is guilty of a continuing offence and may be convicted in respect of each day on which the offence continues. 65. Directing others to practise unprofessionally A person must not, knowing that the provision of dental care in a particular manner is or could be detrimental to the welfare of a patient, direct his or her employee to provide dental care in that manner. Penalty: 50 penalty units. 66. Advertising guidelines (1) The Governor in Council may, on the recommendation of the Board, by notice published in the Government Gazette, issue guidelines about the minimum standards acceptable to the Board for or with respect to the advertising of dental services. (2) The Board must consult with any person nominated by the Minister in formulating guidelines for the purposes of this section. (3) The Board must ensure that any guidelines that it has formulated for recommendation to the Governor in Council have been notified with a request for public comment in the Government Gazette, a newspaper circulating generally throughout Victoria and in any professional magazine, newsletter or journal circulating amongst dental care providers in Victoria at least 60 days before the recommendation is given to the Governor in Council. (4) The Board must have regard to any comments received pursuant to a notice under this section in making a recommendation to the Governor in Council. s. 65 -- 56 of 85 -- Act No. 26/1999 Dental Practice Act 1999 53 (5) The Board must have regard to any guidelines issued by the Governor in Council under this section. (6) A court may have regard to any guidelines issued by the Governor in Council under this section. 67. Power of the courts to require corrective advertising If, on the application of the Minister a court is satisfied that there has been a contravention of section 64, the court may make either or both of the following orders— (a) an order requiring any person involved in the contravention to disclose any information which is in the person's possession or to which the person has access, which is information or of a class of information specified in the order— (i) to the public or any person or class of persons specified in the order; and (ii) in the manner specified in the order; (b) an order requiring any person involved in the contravention to publish an advertisement in the terms specified or determined in accordance with the order— (i) at the expense of the person; and (ii) in the manner and at the times specified in the order. _______________ s. 67 -- 57 of 85 -- Act No. 26/1999 Dental Practice Act 1999 54 PART 6—ADMINISTRATION 68. Establishment of Board (1) There is established a Board to be called the Dental Practice Board of Victoria. (2) The Board— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name; and (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may, by law, do and suffer. (3) The common seal must be kept as directed by the Board and must not be used except as authorised by the Board. (4) All courts must take judicial notice of the seal of the Board on a document and, until the contrary is proved, must presume that the document was properly sealed. 69. Powers, functions and consultation requirements (1) The Board has the following functions— (a) to register persons in appropriate divisions or subdivisions of the register who comply with the requirements of this Act as to registration so that they may practise and hold themselves out as registered dental care providers; s. 68 -- 58 of 85 -- Act No. 26/1999 Dental Practice Act 1999 55 (b) to approve courses and training which provide qualifications for each of the divisions or subdivisions of the register; (c) to regulate the standards of practice of dental care providers; (d) to investigate the professional conduct or fitness to practise of registered dental care providers and registered dental students and impose sanctions where necessary; (e) to promulgate Codes about the practice of dentistry; (f) to issue guidelines about— (i) the minimum terms and conditions of insurance against civil liability in connection with the practice of dental care providers; (ii) appropriate standards of practice of dental care providers; (g) to recognise educational, training or research institutions for the purposes of this Act; (h) to advise the Minister on any matters relating to its functions; (i) when so requested by the Minister, give to the Minister any information reasonably required by the Minister; (j) any other functions conferred on the Board by this Act. (2) The Board has all the powers necessary to enable it to perform its functions. (3) In carrying out its functions and exercising its powers, the Board must— (a) consult with the Minister and have regard to the Minister's advice; and s. 69 -- 59 of 85 -- Act No. 26/1999 Dental Practice Act 1999 56 (b) have regard to the following objectives— (i) to minimise the community's exposure to health risks in dental care; (ii) to promote the community's access to dental care. 70. Membership of the Board (1) The Board consists of 11 members nominated by the Minister and appointed by the Governor in Council. (2) Of the persons appointed to the Board— (a) 5 must be registered dentists (of whom at least one must also be a registered dental specialist); (b) 2 must be registered dental prosthetists; (c) one must be a registered dental auxiliary; (d) 2 must be persons who are not registered dental care providers; (e) one must be a lawyer. 71. Terms of office (1) A member of the Board holds office for not more than 3 years from the date of his or her appointment. (2) A member of the Board is eligible for reappointment. (3) The Public Sector Management and Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member. s. 70 -- 60 of 85 -- Act No. 26/1999 Dental Practice Act 1999 57 72. Resignation and removal (1) A member of the Board ceases to be a member if he or she is absent, without leave first being granted by the Board, from 3 consecutive meetings of which reasonable notice has been given to that member, either personally or by post. (2) A member of the Board may resign the office of member by writing signed by the member and addressed to the Governor in Council. (3) The Governor in Council may at any time remove a member of the Board from office. (4) If a member of the Board dies, resigns or is removed from office, the Governor in Council may, in accordance with this Act, on the recommendation of the Minister, fill the vacant office. (5) A member appointed under sub-section (4) holds office for the rest of the term of appointment of the member whose place he or she fills. 73. President and Deputy President (1) The Governor in Council may appoint members of the Board who are registered dentists to be President and Deputy President of the Board. (2) A person appointed to an office under sub-section (1) holds office for the term specified in his or her instrument of appointment and is eligible for reappointment. (3) A person appointed to an office under sub-section (1) may resign that office by writing signed by the person and addressed to the Governor in Council. s. 72 -- 61 of 85 -- Act No. 26/1999 Dental Practice Act 1999 58 (4) The Governor in Council may at any time remove a person appointed under sub-section (1) from office. (5) A person appointed to an office under sub-section (1) ceases to hold that office on ceasing to be a member of the Board. 74. Acting member (1) If a member of the Board is unable to perform the duties or functions of the office, the Governor in Council may appoint a person qualified to be appointed as that member to act as the member during the period of inability. (2) The Governor in Council— (a) subject to this Act, may determine the terms and conditions of appointment of an acting member; and (b) may at any time terminate the appointment. (3) While the appointment of an acting member remains in force, the acting member has and may exercise all the powers and perform all the duties and functions of the member. 75. Payment of members (1) A member or acting member of the Board, other than a member who is an employee under Part 3 of the Public Sector Management and Employment Act 1998, is entitled to receive the fees that are fixed from time to time by the Governor in Council for that member. (2) Each member or acting member of the Board is entitled to receive the allowances that are fixed from time to time by the Governor in Council. (3) The Governor in Council may fix these fees or allowances by reference to any directions given by the Commissioner of Public Employment s. 74 -- 62 of 85 -- Act No. 26/1999 Dental Practice Act 1999 59 under the Public Sector Management and Employment Act 1998. 76. Procedure of Board (1) The President or, in the absence of the President, the Deputy President must preside at a meeting of the Board at which he or she is present. (2) If neither the President nor Deputy President are present at a meeting the members present may elect a member who is a registered dentist to preside at the meeting. (3) The person presiding at a meeting has a deliberative vote and a second or casting vote. (4) A majority of the members of the Board currently holding office constitutes a quorum. (5) Subject to this Act the Board may regulate its own proceedings. 77. Member's interests (1) A member who has a pecuniary or other interest in any matter in which the Board is concerned must— (a) if the member is present at a meeting of the Board at which the matter is to be considered, disclose the nature of the interest immediately before the consideration of that matter; or (b) if the member is aware that the matter is to be considered at a meeting of the Board at which the member does not intend to be present, disclose the nature of the interest to the President or Deputy President of the Board before the meeting is held. (2) The member— s. 76 -- 63 of 85 -- Act No. 26/1999 Dental Practice Act 1999 60 (a) may take part in the discussion in the meeting; and (b) must leave the meeting while any vote is taken on a question relating to the matter. 78. Resolutions without meetings (1) If— (a) the Board has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and (b) a majority of the members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document— a resolution in those terms is deemed to have been passed at a meeting of the Board held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those members signs the document. (2) If a resolution is, under sub-section (1), deemed to have been passed at a meeting of the Board, each member must as soon as practicable be advised of the matter and given a copy of the resolution. (3) For the purposes of sub-section (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document. (4) The majority of members referred to in sub- section (1)(b) must not include a member who, because of section 77, is not entitled to vote on the resolution. s. 78 -- 64 of 85 -- Act No. 26/1999 Dental Practice Act 1999 61 (5) This section does not apply to any resolution of the Board relating to a matter being considered under Part 3. 79. Approved methods of communication for Board (1) If not less than two-thirds of the members of the Board for the time being holding office so agree, a meeting of the Board may be held by means of a method of communication, or by means of a combination of methods of communication, approved by the President of the Board for the purposes of that meeting. (2) For the purposes of this Part, a member of the Board who participates in a meeting held as permitted by sub-section (1) is present at the meeting even if he or she is not physically present at the same place as another member participating in the meeting. (3) This section— (a) applies to a meeting or a part of a meeting; (b) does not apply to a meeting conducted for the purposes of Part 3. 80. Effect of vacancy or defect An act or decision of the Board is not invalid only because— (a) of a vacancy in its membership; or (b) of a defect or irregularity in the appointment of any of its members; or (c) in the case of an acting member, the occasion for that member so acting had not arisen or had ceased. 81. Immunity s. 79 -- 65 of 85 -- Act No. 26/1999 Dental Practice Act 1999 62 (1) A member of the Board or person responsible for keeping the register is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a power or the discharge of a duty under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act. (2) Any liability resulting from an act or omission that would but for sub-section (1), attach to a member of the Board or the person responsible for keeping the register, attaches instead to the Board. 82. Establishment of committees (1) The Board must establish 3 advisory committees, of which— (a) one is to provide expert advice on dental care matters relating to the special branches of dentistry recognised by the Board and specified in the dental specialists' sub- division of the register; (b) one is to provide expert advice on dental care to be provided by registered dental auxiliaries and other persons employed as dental assistants; (c) one is to provide expert advice on dental care to be provided by registered dental prosthetists and other persons qualified as dental technicians. (2) The Board may establish any other advisory committee for the purposes of providing the Board with expert advice on dental care matters determined by the Board. 83. Membership of committees s. 82 -- 66 of 85 -- Act No. 26/1999 Dental Practice Act 1999 63 (1) The members of a committee are to be appointed by the Board. (2) The chairperson is to be a member of the Board who— (a) in the case of the committee established under section 82(1)(a), is a registered dental specialist; (b) in the case of the committee established under section 82(1)(b), is a registered dental auxiliary; (c) in the case of the committee established under section 82(1)(c), is a registered dental prosthetist. 84. Payment of members (1) A member of a committee, other than a member who is an employee under Part 3 of the Public Sector Management and Employment Act 1998, is entitled to receive the fees that are fixed from time to time by the Governor in Council for that member. (2) Each member of a committee is entitled to receive the allowances that are fixed from time to time by the Governor in Council. (3) The Governor in Council may fix these fees or allowances by reference to any directions given by the Commissioner of Public Employment under the Public Sector Management and Employment Act 1998. 85. Staff The Board may employ a person to be responsible for maintaining the register and any other persons that are necessary for the purposes of administering this Act. s. 84 -- 67 of 85 -- Act No. 26/1999 Dental Practice Act 1999 64 86. Delegation The Board may, in writing, delegate to— (a) a member of the Board; or (b) the person responsible for maintaining the register or any other member of the staff of the Board— its powers and functions under this Act, other than— (c) the power to refuse to grant or refuse to renew registration; or (d) the power to impose or to amend, vary or revoke any condition, limitation or restriction on registration; or (e) the power to conduct any hearing or to make any determination under Part 2 or Part 3; or (f) this power to delegate. _______________ s. 86 -- 68 of 85 -- Act No. 26/1999 Dental Practice Act 1999 65 PART 7—REPORTING AND FINANCIAL PROVISIONS 87. Dental Practice Board Fund (1) The Board must establish and keep a Dental Practice Board Fund. (2) All fees, fines and penalties paid or recovered by the Board under this Act must be paid into the Fund. (3) The Board must pay any other money received by it into the Fund, including income from the investments of the Fund. (4) Out of the Fund, the Board must pay— (a) the expenses incurred by it in carrying out its functions, powers and duties; and (b) any other expenses incurred in the administration of this Act; and (c) any payments to be made to members of the Board and committees under this Act and any payments to be made to other persons under this Act; and (d) any other payments recommended by the Board and approved by the Minister. 88. Investment powers The Board may invest money credited to the Fund that it does not immediately require— (a) in any manner in which money may be invested under the Trustee Act 1958; or (b) in any other manner that the Minister approves. s. 87 -- 69 of 85 -- Act No. 26/1999 Dental Practice Act 1999 66 89. Repayment of advances (1) The Board must pay into the public account the amounts that the Minister administering section 14 of the Financial Management Act 1994, in consultation with the Treasurer, determines are required to repay advances from the Public Account for the establishment and operation of the Board, including costs incurred before the establishment of the Board to ensure that, when established, it can operate in a fully effective way. (2) Payments under sub-section (1) must be made in accordance with any other terms and conditions from time to time determined by the Minister administering section 14 of the Financial Management Act 1994 in consultation with the Treasurer. (3) The Board must, as and when directed to do so by the Minister administering section 14 of the Financial Management Act 1994, provide a plan for the repayment of advances referred to in sub- section (1). (4) The Board must, at least once in each period of 6 months after the commencement of this section, and at any other time that the Minister administering section 14 of the Financial Management Act 1994 directs it to do so, report to that Minister in writing on its progress in making payments under sub-section (1). _______________ s. 89 -- 70 of 85 -- Act No. 26/1999 Dental Practice Act 1999 67 PART 8—ENFORCEMENT AND SUPPLEMENTARY POWERS 90. Proceedings for offences (1) The person responsible for maintaining the register or any other officer authorised by the Board may take proceedings under this Act in the name of the Board. (2) Any prosecution instituted in the name of the Board must, in the absence of evidence to the contrary, be taken to have been instituted by the Board. 91. Identification (1) The Board must issue an identification card to each person appointed by the Board to apply for or execute search warrants for the purposes of this Act. (2) A person appointed by the Board must, in the course of performing his or her functions under this Act, produce his or her identification card to any person who requests its production. 92. Powers of entry with warrant (1) A person appointed for that purpose by the Board may apply to a magistrate for the issue of a search warrant in relation to particular premises if that person believes, on reasonable grounds— (a) that there is or has been a contravention of this Act or the regulations on the premises; or (b) that entry into or onto the premises is necessary for the purpose of investigating a complaint made under this Act which, if substantiated, may provide grounds for the s. 90 -- 71 of 85 -- Act No. 26/1999 Dental Practice Act 1999 68 suspension or cancellation of registration of a dental care provider. (2) If a magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations or of grounds for the suspension or cancellation of the registration of a dental care provider, the magistrate may issue a search warrant authorising any person named in the warrant— (a) to enter the premises or the part of the premises named or described in the warrant; and (b) to search for and seize a thing named or described in the warrant; and (c) to bring the thing before the Court so that the matter may be dealt with according to law. (3) In addition to any other requirement, a search warrant issued for the purposes of this section must state— (a) the offence or grounds of suspension or cancellation suspected; and (b) the premises to be searched; and (c) the name or a description of the thing to be searched for; and (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be made at any time or during stated hours; and (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. s. 92 -- 72 of 85 -- Act No. 26/1999 Dental Practice Act 1999 69 (4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in a form prescribed under that Act. (5) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section. 93. Announcement before entry (1) Immediately before executing a search warrant, a person named in the warrant must announce that he or she is authorised by the warrant to enter the premises. (2) The person need not comply with sub-section (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure the safety of any person or that the effective execution of the search warrant is not frustrated. 94. Copy of warrant to be given to occupier If the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed, the person or persons named in the warrant must— (a) identify themselves to that person by producing their identification card for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. 95. Copies or receipts to be given (1) If a person seizes— (a) a document, disk or tape or other thing that can be readily copied; or s. 93 -- 73 of 85 -- Act No. 26/1999 Dental Practice Act 1999 70 (b) a storage device the information in which can be readily copied— under a warrant the person, on request by the occupier, must give a copy of the thing or information to the occupier as soon as practicable after the seizure. (2) If a person seizes a thing under a warrant and has not provided a copy of the thing or information under sub-section (1) the person must provide a receipt for that thing as soon as practicable after the seizure. 96. Powers of Board in relation to fees (1) In the case of any fee which the Board is empowered to fix under this Act— (a) the Board must fix the fee for a period of 12 months and may amend or vary the fee at the end of that period; and (b) the Board may fix a different fee for a different case and may allow for the reduction, waiver or refund, in whole or in part, of any fee; and (c) the Board must publish any fee it has fixed in a newspaper circulating generally throughout Victoria and in the Government Gazette. (2) In fixing fees under this Act the Board is entitled to ensure that the amount of money collected in fees under this Act is sufficient to cover the cost to the Board of administering this Act. _______________ s. 96 -- 74 of 85 -- Act No. 26/1999 Dental Practice Act 1999 71 PART 9—MISCELLANEOUS 97. Supreme Court—limitation of jurisdiction It is the intention of section 55(3) to alter or vary section 85 of the Constitution Act 1975. 98. Regulations (1) The Governor in Council may make regulations for or with respect to— (a) registration, including conditions of registration, periods of registration, and renewal of registration, and applications for registration, and renewal of registration; (b) the register, including particulars to be noted on the register and the manner of keeping the register; (c) forms for the purposes of this Act; (d) time limits for the purposes of this Act; (e) penalties, not exceeding 10 penalty units, for breaches of the regulations; (f) any matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstance; and (c) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether— s. 97 -- 75 of 85 -- Act No. 26/1999 Dental Practice Act 1999 72 (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; and (d) may confer a discretionary authority on a specified person. _______________ s. 98 -- 76 of 85 -- Act No. 26/1999 Dental Practice Act 1999 73 PART 10—SAVINGS, TRANSITIONAL AND REPEAL 99. Definitions In this Part— "new Board" means the Dental Practice Board of Victoria established under this Act; "old Committee" means the Dental Technicians Licensing Committee established under the Dental Technicians Act 1972 and the Specialists Practitioners Qualification Committee established under the Dentists Act 1972; "old Board" means the Dental Board of Victoria established under the Dentists Act 1972 and the Advanced Dental Technicians Qualifications Board established under the Dental Technicians Act 1972; "repealed Act" means an Act, repealed by section 100, as in force immediately before its repeal. 100. Repeal (1) The Dentists Act 1972 is repealed. (2) The Dental Technicians Act 1972 is repealed. 101. New Board succeeds old Boards and Committees (1) On the commencement of this section— (a) except for the purpose of giving effect to section 102, the old Boards and Committees are abolished and their members go out of office; and (b) any rights, assets, liabilities and obligations of the old Boards and Committees, immediately before their abolition, become s. 99 No. 8287. No. 8366. -- 77 of 85 -- Act No. 26/1999 Dental Practice Act 1999 74 assets, liabilities and obligations of the new Board; and (c) the new Board is substituted for an old Board or Committee as a party in any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the old Board or Committee; and (d) the new Board may continue and complete any other continuing matter or thing commenced by, against or in relation to an old Board or Committee. (2) The assets that become assets of the new Board under sub-section (1)— (a) if they are moneys or amounts standing to the credit of any fund or account of an old Board or Committee, must be taken to form part of the Dental Practice Board Fund; and (b) if they are assets in which the funds of an old Board or Committee have been invested, must be taken to be investments of the Dental Practice Board Fund. 102. Proceedings before the old Board (1) If an investigation or inquiry into the activities of a registered dentist or a licensed dental auxiliary under the Dentists Act 1972 or a licensed advanced dental technician under the Dental Technicians Act 1972 has commenced but not been completed before the commencement of Part 3 of this Act— (a) that investigation or inquiry may be completed on and after that date; and (b) any appeal or other further proceedings which might have been taken in relation to that investigation or inquiry under the s. 102 -- 78 of 85 -- Act No. 26/1999 Dental Practice Act 1999 75 repealed Act may be taken on and after that date— by the old Board or Committee as if this Act had not been enacted. (2) The new Board must give effect to a decision made on an inquiry, investigation or appeal completed by the old Board or Committee as if it were a decision under this Act. (3) Members of the old Board or Committee who are required to complete an investigation or inquiry referred to in sub-section (1) or to take an appeal or other further proceedings referred to in sub- section (1) are entitled to be paid under and in accordance with the repealed Act. 103. Application of this Act to conduct occurring before commencement of this Act (1) In the case of activities of a person who is deemed by section 104 to be a registered dental care provider under this Act which occurred before the commencement of Part 3 and in respect of which no proceedings have been commenced under a repealed Act, this Act applies to the extent that there was power to conduct an inquiry under the repealed Act into those activities. (2) Any determination or outcome of a hearing into those activities must be one which would have been available as a finding or decision in an inquiry by the Board under the repealed Act. (3) This section does not apply to activities which are the subject of proceedings to which section 102 applies. 104. Existing registrations (1) A person who was, immediately before the commencement of Part 2 of this Act— s. 103 -- 79 of 85 -- Act No. 26/1999 Dental Practice Act 1999 76 (a) registered as a dentist under the Dentists Act 1972 is deemed to be a registered dentist under this Act; (b) registered as a specialist practitioner in a special branch of dentistry under the Dentists Act 1972 is deemed to be a registered dental specialist under this Act in that special branch of dentistry; (c) licensed as a dental hygienist under the Dentists Act 1972 is deemed to be a registered dental auxiliary in the subdivision of dental hygienists under this Act; (d) licensed as a dental therapist under the Dentists Act 1972 is deemed to be a registered dental auxiliary in the subdivision of dental therapists under this Act; (e) licensed as an advanced dental technician under the Dental Technicians Act 1972 is deemed to be a registered dental prosthetist under this Act. (2) If a person is deemed to be registered under this section, and the registration or licensing of that person under a repealed Act, immediately before the commencement of this section, was suspended, the registration of that person under this Act is deemed to be suspended for the remainder of the period for which that person's registration would have been suspended under the repealed Act. (3) If a person is deemed to be registered under this section, and the registration of that person under the repealed Act, immediately before the commencement of this section, was subject to a condition, limitation or restriction, the registration of that person under this Act is deemed to be subject to the same condition, limitation or s. 104 -- 80 of 85 -- Act No. 26/1999 Dental Practice Act 1999 77 restriction as that to which the registration under the repealed Act was subject. (4) The registration of a person who is deemed to be registered under this section expires (unless sooner cancelled) at the end of the period for which the person was registered under the repealed Act. 105. References Unless inconsistent with the context or subject matter, a reference in any Act (other than this Act) or in any subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to— (a) an advanced dental technician licensed under the Dental Technicians Act 1972 who is deemed by section 104 to be registered under this Act is to be taken to be a reference to a registered dental prosthetist under this Act; (b) a dental hygienist licensed under the Dentists Act 1972 who is deemed by section 104 to be registered under this Act is to be taken to be a reference to a registered dental auxiliary in the subdivision of dental hygienists under this Act; (c) a dental therapist licensed under the Dentists Act 1972 who is deemed by section 104 to be registered under this Act is to be taken to be a reference to a registered dental auxiliary in the subdivision of dental therapists under this Act; (d) a dentist registered under the Dentists Act 1972 who is deemed by section 104 to be registered under this Act is to be taken to be a reference to a registered dentist under this Act; s. 105 -- 81 of 85 -- Act No. 26/1999 Dental Practice Act 1999 78 (e) a dentist registered under the Dentists Act 1972 as a specialist practitioner in a special branch of dentistry who is deemed by section 104 to be registered under this Act is to be taken to be a reference to a registered dental specialist under this Act; (f) an old Board or Committee in relation to a dental care provider is to be taken to be a reference to the new Board. 106. Preparation of annual report The new Board shall prepare the annual reports that the old Boards and Committee would have been required to prepare under the Financial Management Act 1994 in respect of any part of a financial year during which the old Board or Committee operated. 107. Consequential amendments On the coming into operation of an item in the Schedule, the Act specified in the heading to that item is amended as set out in that item. __________________ s. 106 -- 82 of 85 -- Act No. 26/1999 Dental Practice Act 1999 79 SCHEDULE CONSEQUENTIAL AMENDMENTS 1. Crimes Act 1958 In section 464(2), for the definition of "dentist" substitute— ' "dentist" means a registered dentist within the meaning of the Dental Practice Act 1999'. 2. Drugs, Poisons and Controlled Substances Act 1981 In section 4(1) for the definition of "dentist" substitute— ' "dentist" means a registered dentist within the meaning of the Dental Practice Act 1999'. 3. Evidence Act 1958 In section 107A(1) for paragraph (q) substitute— "(q) a registered dentist within the meaning of the Dental Practice Act 1999". 4. Health Services Act 1988 In section 3(1), the definition of "dentist" is repealed. 5. Health Services (Conciliation and Review) Act 1987 In the Schedule for— "Dental Board of Victoria Dental Technicians Licensing Committee Advanced Dental Technicians Qualifications Board" substitute— "Dental Practice Board of Victoria". 6. Medical Practice Act 1994 In section 37(2) for paragraph (c) substitute— "(c) a registered dental care provider within the meaning of the Dental Practice Act 1999;". Sch. -- 83 of 85 -- Act No. 26/1999 Dental Practice Act 1999 80 7. Pathology Services Accreditation Act 1984 For section 30(2)(b) substitute— "(b) a registered dentist within the meaning of the Dental Practice Act 1999 on behalf of a patient of that dentist in the course of the dentist's practice as such— ". ═══════════════ Sch. -- 84 of 85 -- Act No. 26/1999 Dental Practice Act 1999 81 NOTES † Minister's second reading speech— Legislative Assembly: 22 April 1999 Legislative Council: 13 May 1999 The long title for the Bill for this Act was "to make further provision for the registration of dental care providers and investigations into the professional conduct and fitness to practise of registered dental care providers, to regulate dental care services, to establish a Dental Practice Board of Victoria and a Dental Practice Board Fund, to repeal the Dentists Act 1972 and the Dental Technicians Act 1972 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 22 April 1999 Legislative Council: 13 May 1999 Absolute majorities: Legislative Assembly: 12 May 1999 Legislative Council: 25 May 1999 Notes -- 85 of 85 --