Queensland DENTAL TECHNICIANS AND DENTAL PROSTHETISTS REGISTRATION BILL 2001 Queensland s DENTAL TECHNICIANS AND DENTAL PROSTHETISTS REGISTRATION BILL 2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY Division 1—Introduction 1 Short title. 2... eee eens 14 2 Commencement. ......... 0... eee eee eee eee eens 14 Division 2—Operation of Act 3 Act binds all persons... 02.0... cee eee eee 14 4 The legislative scheme. ... 0... eee eee eee 14 5 Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999................ 14 6 Mutual recognition legislation not affected...................000000. 15 Division 3—Objects 7 Objects of Act... eee eee eee 15 8 Definitions... 0.2.0... eee tenet teenies 16 PART 2—DENTAL TECHNICIANS AND DENTAL PROSTHETISTS BOARD OF QUEENSLAND Division 1—Establishment and functions 9 Establishment of board ..... 0... eee eee eee 16 10 Board's relationship with the State....... 0.0... cee 16 11 Functions of board... 2... eee eee eee 16 12 Board's independence etc... 2.6... 0. ee eee eee eee 18 13 Powers of board... 2... eee eee eee 18 14 Delegation by board ......... 0.0.2 eee eee ee 18 Dental Technicians and Dental Prosthetists Registration Bill 2001 161820222426 283032 34 Division 2—Membership Membership of board ....... 0... eee eee Registrant members... 1.2.0.0... cee eee eee eee Public members... 2.0.00... eee cece Certain nominee board members. ...........0 0.00000 e ee eee eee eee ee Chairperson and deputy chairperson of board....................0005 Term of appointment. .... 0... eee eee eee Disqualification from membership .............0 0000000 cece ee ee eee Vacation of office... eee eee When notice of resignation takes effect ......... 0.0... eee eee Leave of absence fora member. ............ 0.0.0 e eee eee eee eee Effect of vacancy in membership of board ................0.0000000. Remuneration of members ........... 0.00. Division 3—Board business Presiding at meetings........ 0.0... Conduct of meetings ......... 6... cece teen eee Committees 2.0... ec eeee eee e eee Remuneration of committee members .............-.00 eee e eee eeee Division 5—Disclosure of interests by board members and committee members Disclosure of interests... 0... eee eee eee Division 6—Directions by Minister Minister's power to give directions in the public interest............... Division 7—Annual reports Matters to be included in annual report..................0.....0000, Division 8—Other provisions about the board Board is statutory body under the Financial Administration and Audit Act LOTT eee 202122232424 252526 27 Dental Technicians and Dental Prosthetists Registration Bill 2001 Al 4447 4958 Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982... 0... eee Board's common seal ...... 0... 00. PART 3—REGISTRATION Division 1—Preliminary Who may apply for registration...... 2... eee ee eee Division 2—Applications for general registration Subdivision 1—Applications Procedural requirements for applications ...................00000008 Subdivision 2—Eligibility for general registration Eligibility... 2... cece eee eee When applicant is qualified for general registration................... Fitness to practise the profession............ 0.0.0... Subdivision 3—Inquiries into applications Board's powers before deciding applications ....................000. Appointment of appropriately qualified person to conduct health assessment ketene eee eens Report about health assessment. ............. 00000 e cece ee eee eee Use of assessment report... 0.6... cece eee eee eee Payment for health assessments and reports................0.0000008 Subdivision 4—Decision on applications Decision... 0.2... cece eee e nents Steps to be taken after application decided.......................... Failure to decide applications .......... 0.0... eee eee eee eee Further consideration of applications ............... 0.0.0... cece eee Subdivision 5—Information in certificates of general registration Forms of certificates of general registration ..................000000. Subdivision 6—Period of general registration Subdivision 7—Conditions of general registration Imposition of conditions by board.......... 0.0.0 cee eee ee eee Contravention of conditions .......... 0.0... cece cece 30 323637 42 Dental Technicians and Dental Prosthetists Registration Bill 2001 Division 3—Provisional general registration Meaning of "authorised person" for div 3............0000. eee eee eee 42 Provisional general registration of a person ..............-..00 00000 ee 43 Confirmation or cancellation of provisional general registration ......... 44 Procedure after cancellation of provisional general registration.......... 44 Form of certificate of provisional general registration ................. 44 Period. 2.0... eee ete tenes 45 Board decides to register provisional general registrant as a general registrant eee eee eee eee 45 Board decides to refuse to register provisional general registrant as a general registrant... 6... eee 45 Deemed refusal by board to register provisional general registrant as a general registrant... 6... eee 46 Division 4—Renewal of general registrations Subdivision 1—Preliminary Meaning of "recency of practice requirements" ..................200. 46 Subdivision 2—Applications for renewal of general registrations Notification of imminent expiry of registration..................0000. 47 Procedural requirements for applications ...................00000008 47 General registration taken to be in force while application is considered 48 Subdivision 3—Decision on applications Inquiries into applications... 2.6... 6.66 eee eee eee 48 Decision... 0.2... cece eee e nents 49 Recency of practice requirements are not satisfied.................... 50 Steps to be taken after application decided... ..............000200005 51 Division 5—Restoration of general registrations Application of div 4, sdivs land 3 ...........0 00. c eee eee eee 51 When an application for restoration of a general registration may be made. 51 Procedural requirements for applications ..............0...00 0000 ee 52 Restoration of general registration as dental prosthetist................ 52 Period of restored registration... ....... 6.0.00 c eee eee eee eee ee 53 Conditions of expired registration. .......... 0.60. e cece 53 When recency of practice conditions take effect...................00. 53 Dental Technicians and Dental Prosthetists Registration Bill 2001 848688 9092949699103105107 Division 6—Cancellation of general registrations Ground for cancellation. ..... 0... eee eee Show cause notice... 0.6... eee ee eee Representations about show cause notices .............. 00.0 e eee ee ee Ending show cause process without further action.................0.. Cancellation. 0.0... eee eee ee Return of cancelled certificate of general registration to board .......... Division 7—Reviewing conditions of general registrations Subdivision 1—Review of conditions imposed by the board or District Court Review of conditions... 2... 66... cece How registrant may start arevieW....... 0... cece eee eee Review of conditions during review period...................000000. Board's powers before making decision................0.0000000008 Application of ss 47-50... 6... eee ete e eee ee Deemed withdrawal of application etc....... 0.0... eee eee eee eee Decision... 0.2... cece eee e nents When decision takes effect... 0.2... 6.6 ccc eee eee Effect on dental prosthetics registration if conditions on dental technician registration are changed or removed .................000-. Failure by board to make decision on application..................0.. Failure by board to make decision on review agreed to unders91 ....... Further decision required if certain conditions changed. ............... Subdivision 2—Recording change, or removal, of conditions Amendment of, or replacing, certificates of general registration ......... Division 8—Special purpose registrations Subdivision 1—Applications for special purpose registration Undertaking of special activities relating to the profession ............. Application of divs 2and3.......... 066. c eee eee eee ee Eligibility... 2... cece eee eee Qualifications for special purpose registration .................00000. Suitability to be a special purpose registrant....................20005 Period of special purpose registration. ...... 0.0... eee eee eee 545455 56575859 6162 646566 Dental Technicians and Dental Prosthetists Registration Bill 2001 109 111 113 115 118121123126128 Imposition of conditions by board.......... 0.0.0 cee eee ee eee Contravention of conditions ......... 0... eee eee eee Subdivision 2—Renewal of special purpose registrations Application of div 4, sdivs 2 and 3.1.0.0... 00. e eee eee ee Matters that may be considered in deciding whether to renew special purpose registrations... 2... eee eee Imposition of conditions by board.......... 0.0.0 cee eee ee eee Period of renewed special purpose registration.................00000. Subdivision 3—Cancellation of special purpose registrations Application of div 6.2.2.0... 06.0 c cece cece eee eee eee eee Grounds for cancellation. ..... 0... eee eee eee Subdivision 4—Removal of conditions Division 9—General provisions about registrations Person is taken to be registered under this part..................0000. Surrender of registrations ... 2.00... 6 6. e cece eee eee Effect on dental prosthetics registration if registration as dental technician ceases to have effect... 0.0... 0... cee eee eee eee Replacement of certificates of registration ..................0000000. Certified copy of certificates of registration .................0.00000. Notification of change in circumstances ............... 000000 e eee eee Decision about recording certain conditions in register ................ Notification of certain events to interstate regulatory authorities and Other entities eee PART 4—OBLIGATIONS OF REGISTRANTS AND OTHER PERSONS Division 1—Restricted titles and holding out Taking of restricted titles etc. 2... eee eee eee Claims by persons as to registration... 0.6... 00... e cece eee eee ee eee Claims by persons as to other persons' registration ................... Restrictions on special purpose registrants, provisional general registrants and provisional special purpose registrants................. Restrictions on registrants registered on conditions ................... 67 6869 70 71727577 Dental Technicians and Dental Prosthetists Registration Bill 2001 131 133 136 138142145147 Division 2—Notification of business names and other details Notification of business names etc....... 0... eee eee ee eee Notification of change in business names etc.................00 000008 Division 3—Advertising Obligations of advertisers .... 0... eee eee eee Information to appear in advertisements...................000000008 Division 4—Registrants' autonomy Aiding and abetting etc. conduct that is a ground for disciplinary ACHON eee Division 5—Court orders and injunctions Persons may be prohibited from supplying health services etc........... Injunctions... eee eee eee Division 6—Reprisals Reprisal and grounds for reprisals........ 0.0.0... Offence for taking reprisal... 2.0... eee eee eee Damages entitlement for reprisal ....... 2... 0. eee eee eee Division 7—Other provisions Payment, or acceptance of payment, for referrals prohibited............ PART 5—INVESTIGATION AND ENFORCEMENT Division 1—Inspectors Functions of inspectors .... 2... eee eee eee Powers of inspectors ..... 0... eee eee eee Limitation on powers of inspectors........ 0... eee eee eee eee eee eee Division 2—Appointment of inspectors and other matters Appointments ..... 0.0.0... cee cece Appointment conditions ....... 0.0... Identity cards... 2... cece eens Failure to return identity card .......... 000... eee eee ee Production or display of inspector's identity card............ 0.000000. Division 3—Powers of inspectors Subdivision I—Entry of places Power to enter places... 02.0... cece cee eee eee 78 79 81 84858586Dental Technicians and Dental Prosthetists Registration Bill 2001 151153156161163165167170172175 Subdivision 2—Procedure for entry Entry with consent... 0.0.0.0... cece eee ee Application for warrant... 2... eee eee Issue of warrant... 2... eee eee eee Special warrants ...... 0.0... eee eee eee Warrants—procedure before entry ........ 0... cece eee eee Subdivision 3—Powers after entry General powers after entering places ............. 0.0.0.0 cece eee Failure to help inspector ... 0.0.0.0... eee eee eee eee Failure to give information ........... 0.0... eee eee eee eee eee Subdivision 4—Power to seize evidence Seizing evidence at a place that may be entered without consent or warrant eect eee eee eens Seizing evidence at a place that may only be entered with consent or warrant eee eee e eens Securing seized things... 0.6... 0. cece eee eee ee Tampering with seized things ............. 0... eee eee Powers to support seizure 2.2.6... eee eee eee Receipts for seized things ...... 2... eee eee eee Forfeiture of seized things...... 0... eee Forfeiture on conviction ...... 6... cece eee eee Dealing with forfeited things etc. ..... 2.0... eee eee eee Return of seized things .... 2... eee eee Access to seized things... 0... eee eee eee eee Subdivision 5—Power to obtain information Power to require name and address............ 0000... eee ee eee eee Failure to give name or address..........0. 0. eee eee ee Power to require production of documents ...................0000008 Failure to produce document. ............. 0... e eee eee eee eee Power to require information............. 0.0.0... 0c eee eee eee eee eee Division 4—General enforcement matters Notice of damage... 0.0... eee eee eee Compensation ... 0... eee 8889929394959697 9899Dental Technicians and Dental Prosthetists Registration Bill 2001 177179 181183186188 190192194196 198 False or misleading information ................... 0000. e eee eee eee False or misleading documents ............ 0.0.0.0 cece e eee eee eee Obstructing inspectors... 2... eee eee ee Impersonation of inspectors ...... 0... eee eee eee PART 6—APPEALS Who may appeal... 2.2... ee cece Starting appeals... 2... eee eee Hearing procedures .... 0.0... eee Powers of court on appeal... 2... eee ee eee Appointment of assessors ... 0... eee eee PART 7—LEGAL PROCEEDINGS Division 1—Evidence Application of division ...... 0... cee Appointments and authority ............. 00... ee eee eee Signatures 2.0.0... eee eee teens Evidentiary provisions.......... 0... eee eee eee Division 2—Proceedings Indictable and summary offences ........... 0... e eee eee eee ee eee Proceedings for indictable offences........... 0.0... Limitation on who may summarily hear indictable offence............. Limitation on time for starting summary proceedings ................. Allegations of false or misleading information or documents ........... Penalties to be paid to board... 2.2... ee eee eee ee Responsibility for acts or omissions of representatives ................ Executive officers must ensure corporation complies with Act........... PART 8—REGISTER, RECORDS AND INFORMATION Division 1—Register Register to be kept... 0... 0... cee eee eee Inspection of register... 2... eee eee eee Division 2—Records to be kept 101102 102103104105 106107107108 110 Dental Technicians and Dental Prosthetists Registration Bill 2001 201 203205 207211214216218 Division 3—Information Confidentiality of information. .............00 00. c eee eee eee Board's annual report must disclose authorisation .................... PART 9—MISCELLANEOUS Division 1—Abandoned, and other, health records Definitions for div 1.0.0... 00.0 c cece eee eee eee Board may take possession of abandoned health records............... Health records forming part of deceased estate................000000. Health records of persons convicted of an offence against s 125(1) or (6)0r 126 cece eee eee eee eee Dealing with certain health records seized under s 158 or 159........... How board may deal with health records .......... 0.00... Destruction of health records ...... 2... eee eee eee eee Division 2—Continuing professional education of registrants Continuing professional education programs ................00000005 Division 3—Declared events Definitions for div 3......... 0... c cece eee Declaration of events...... 0... eee eee Deemed general registration of visiting practitioners.................. Division 4—Other provisions Protecting officials from liability... 2.0.00... 0... cee eee False or misleading information or documents. .................00005 Certificates etc. not to be false or misleading ....................205. Application of provisions ........ 0... 0. Approval of forms... 0... eee eee eee Examination fees... 0... eee eee Regulation-making power... . 0.02.0... 00. e cece eee eee eee PART 10—REPEAL, TRANSITIONAL AND SAVINGS PROVISIONS Division 1—Repeal Repeal of Dental Technicians and Dental Prosthetists Act 1991 ......... Division 2—Transitional provisions Definitions for div 2......... 0... cece eect eee eee e eee 112 113114115 116118118119 Dental Technician. s and Dental Prosthetists Registration Bill 2001 223225227 229231233235237239 246 248 References to repealed Act or former board ................000000008 Board is the legal successor... 1.0.0... eee cece eee eee Assets and liabilities Service agreements . Proceedings....... CHC. eee eee eee eee Dealing with matter under Health Practitioners (Professional Standards) Act 1999 bees Offences.......... Membership of board ....... 0... eee eee Chairperson and deputy chairperson of board....................0005 Certain Act has not been repealed... 2.0... eee ee Division 3—Savings provisions Continuation of section of regulation under repealed Act............... References to Dental Practitioners Registration Act 2001 .............. PART 11—CONSEQUENTIAL AND OTHER AMENDMENTS Amendment of Acts. Amendment of Dental Technicians and Dental Prosthetists Act 1991 ..... Amendment of Dental Technicians and Dental Prosthetists Regulation 1998 SCHEDULE1........................ DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN SCHEDULE2......................5. CONSEQUENTIAL AMENDMENTS OF ACTS COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2000... HEALTH ACT 1937 120121121123124126126127129 129131 133 Dental Technicians and Dental Prosthetists Registration Bill 2001 HEALTH PRACTITIONER REGISTRATION BOARDS (ADMINISTRATION) ACT 1999 1.00.2... ee eee eee HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS) ACT 1999 Lecce eee eee ee HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION) ACT 1998 wc eee eee eee HEALTH RIGHTS COMMISSION ACT 1991 ...........0.....0000. HEALTH SERVICES ACT 1991 1.0.0... eee eee MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT 1966 . RADIATION SAFETY ACT 1999... 0... eee ee SCHEDULE3........................ AMENDMENT OF DENTAL TECHNICIANS AND DENTAL PROSTHETISTS ACT 1991 SCHEDULE4........................ DICTIONARY A BILL FOR An Act to provide for the registration of dental technicians and dental prosthetists, and for other purposes s1 14 s5 Dental Technicians and Dental Prosthetists Registration Bill 2001 The Parliament of Queensland enacts— PART 1—PRELIMINARY Division 1—Introduction 1 Short title This Act may be cited as the Dental Technicians and Dental Prosthetists Registration Act 2001. 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2—Operation of Act 3 Act binds all persons (1) This Act binds all persons, including the State. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. 4 The legislative scheme This Act is part of a legislative scheme (the "legislative scheme') consisting of the health practitioner registration Acts, the Health Practitioner Registration Boards (Administration) Act 1999 and the Health Practitioners (Professional Standards) Act 1999. 5 _ Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999 (1) This section applies if the board is making— (a) a decision on an application for registration; or nMN WN - Oo CANN F 21 s6 15 s7 Dental Technicians and Dental Prosthetists Registration Bill 2001 (b) a decision, under this Act, affecting a registrant's registration. (2) The decision must comply with, and be consistent with, any decision of the board, a disciplinary committee, a professional conduct review panel, the Health Practitioners Tribunal or the Court of Appeal, affecting the applicant or registration, under the Health Practitioners (Professional Standards) Act 1999. 6 Mutual recognition legislation not affected This Act does not affect the operation of the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 1999. Division 3—Objects 7 Objects of Act (1) The objects of this Act are— (a) to protect the public by ensuring health care is delivered by registrants in a professional, safe and competent way; and (b) to uphold the standards of practice within the professions; and (c) to maintain public confidence in the professions. (2) The objects are to be achieved mainly by— (a) establishing the Dental Technicians and Dental Prosthetists Board of Queensland; and (b) providing for the registration of persons under this Act; and (c) imposing obligations on persons in relation to the practice of the professions; and (d) providing for compliance with this Act to be monitored and enforced. DAnkKRWYN oo 21 23 25 s8 16 sll Dental Technicians and Dental Prosthetists Registration Bill 2001 Division 4—Interpretation 8 Definitions The dictionary in schedule 4 defines particular words used in this Act. PART 2—DENTAL TECHNICIANS AND DENTAL PROSTHETISTS BOARD OF QUEENSLAND Division 1—Establishment and functions 9 Establishment of board (1) The Dental Technicians and Dental Prosthetists Board of Queensland is established. (2) The board— (a) is a body corporate; and (b) has acommon seal; and (c) may sue and be sued in its corporate name. 10 Board's relationship with the State The board does not represent the State. 11 Functions of board The board has the following functions— (a) to assess applications for registration; (b) to register persons who satisfy the requirements for registration; (c) to monitor, and assess, whether registrants comply with any conditions of registration; (d) to keep a register of, and records relating to, registrants; ow Nn WwW NY So ona 22 sll 17 sll Dental Technicians and Dental Prosthetists Registration Bill 2001 () (f) (g) (h) @) GQ) (k) () (m) (n) (0) (p) to promote high standards of practice of the professions by registrants; to develop or adopt programs for the continuing professional education of registrants, and encourage their participation in the programs; to develop or adopt training programs in the practice of the professions that are relevant to a person's eligibility for registration; Example of 'training programs'— Refresher courses for persons who have not practised a profession for a number of years. to confer and cooperate with interstate regulatory authorities; to confer and cooperate with entities engaged in the development of national policies about the regulation of the professions; to confer and cooperate with the following entities about the education of persons in the practice of the professions— (i) educational institutions; (ii) entities responsible for accrediting courses, or accrediting institutions to educate persons, for the professions; to inform registrants and the public about the operation of the legislative scheme in its application to the professions; to examine, and advise the Minister about, the operation of the legislative scheme in its application to the professions; to monitor, and enforce, compliance with this Act; to undertake research, relevant to the legislative scheme, into the regulation of the professions; to collect, and give to persons, information about the practice of the professions by registrants; Example of 'information about the practice of the professions by registrants'— The languages, other than English, spoken by registrants. to perform other functions given to the board under this or another Act. OO OND NSPW NK Co Om N AUN FW NY KO Nw — NN WN N & NN nun NN on WN ovo eS) pean Wo WD Wn s12 18 s14 Dental Technicians and Dental Prosthetists Registration Bill 2001 Example for paragraph (p)— Under the Health Practitioners (Professional Standards) Act 1999, section 374, the board may develop codes of practice, or adopt another entity's code of practice, to provide guidance to registrants as to appropriate professional conduct or practice. 12 Board's independence etc. In performing its functions, the board is to act independently, impartially and in the public interest. 13. Powers of board (1) The board has all the powers of an individual, and may, for example— (a) enter into contracts; and (b) enter into service agreements; and (c) acquire, hold, dispose of, and deal with, property; and (d) appoint agents and attorneys; and (e) engage consultants; and (f) fix charges, and other terms, for services and other facilities it supplies; and (g) do anything else necessary or convenient to be done for, or in connection with, its functions. (2) This section does not authorise the board to obtain administrative and operational support other than as required by the Health Practitioner Registration Boards (Administration) Act 1999. (3) Without limiting subsection (1), the board has the powers given to it under this or another Act. (4) The board may exercise its powers inside or outside Queensland. (5) Without limiting subsection (4), the board may exercise its powers outside Australia. 14 Delegation by board (1) The board may delegate its powers under this Act to— MBWN aon a CID UN FW NY FO 2225 28 30 s15 19 s15 Dental Technicians and Dental Prosthetists Registration Bill 2001 (a) amember; or (b) a committee of the board consisting of appropriately qualified persons, 1 of whom must be a member; or (c) the executive officer; or (d) with the agreement of the executive officer—an appropriately qualified member of the office's staff. (2) However, the board may not delegate its power under this Act— (a) to decide to register, or refuse to register, an applicant for registration; or (b) to decide to refuse to renew a renewable registration; or (c) to decide to refuse to restore a renewable registration; or (d) to decide to cancel a registration; or (e) to decide to impose, or remove, conditions on a registration; or (f) to enter into a service agreement. (3) In this section— "appropriately qualified" includes having the qualifications, experience or standing appropriate to exercise the power. Example of 'standing' for a member of the office's staff— The staff member's classification level in the office. Division 2—Membership 15 Membership of board (1) The board consists of at least 7, but not more than 11, members appointed by the Governor in Council. (2) The board must include— (a) persons who are general registrants (the "registrant members"'); and (b) persons (the "public members') having an interest in, and knowledge of, consumer health issues who are not, and have not been— om IY DN FB WN CWA AND NHN FW NY KF CO N Co 23 26 28 s16 20 s16 Dental Technicians and Dental Prosthetists Registration Bill 2001 (i) registered under a health practitioner registration Act or an earlier corresponding Act; or (ii) registered or enrolled under the Nursing Act 1992 or an earlier corresponding Act; or (iii) registered or enrolled under a law applying, or that applied, in another State or foreign country that provides, or provided, for the same matter as a health practitioner registration Act or the Nursing Act 1992 or a provision of the Act; and (c) 1 lawyer nominated by the Minister. (3) Also, the Minister may nominate persons who do not belong to the categories of persons mentioned in subsection (2) to be members. (4) The registrant members must consist of-— (a) at least 2 registrants who are dental technicians but not dental prosthetists; and (b) at least 2 registrants who are dental prosthetists. (5) A majority of the members must be registrant members. (6) In this section— "earlier corresponding Act", in relation to a health practitioner registration Act, means an earlier Act that provided for the same matter as the health practitioner registration Act or a provision of the health practitioner registration Act. "earlier corresponding Act", in relation to the Nursing Act 1992, means an earlier Act that provided for the same matter as the Nursing Act 1992 or a provision of the Nursing Act 1992. 16 Registrant members The registrant members must consist of-— (a) at least 1 dental technician nominated by the bodies the Minister considers represent the interests of dental technicians; and (b) at least 1 dental prosthetist nominated by the bodies the Minister considers represent the interests of dental prosthetists; and OMNDN BPW NK Co oo YD NH Ww NK 22 2427 29 31 s17 21 s18 Dental Technicians and Dental Prosthetists Registration Bill 2001 (c) if there are educational institutions established in the State—1 general registrant nominated by the governing bodies of the institutions chosen by the Minister; and (d) atleast 1 general registrant nominated by the Minister. 17 Public members The public members must consist of-— (a) at least 1 person nominated by community groups and other entities the Minister considers have an interest in consumer health issues; and (b) at least 1 other person nominated by the Minister. 18 Certain nominee board members (1) This section applies for the nomination of a person or persons for a position or positions on the board under section 16(a), (b) or (c) or 17(a). (2) The Minister must give the entities who may make the nomination notice stating a reasonable period within which they may nominate the person or persons for the position or positions. (3) The Minister may in the notice ask the entities to nominate more than the required number of persons for the position or positions. (4) Subject to subsections (5) and (6), if the entities nominate more than the required number of persons for the position or positions— (a) the Minister must choose the nominee or nominees for the position or positions from the nominations; and (b) the person or persons chosen are taken to be the nominee or nominees, under the relevant provision mentioned in subsection (1), for the position or positions. (5) Subsection (6) applies if— (a) the entities do not nominate a person or persons for the position or positions within the period stated in the notice; or (b) the entities nominate a number of persons for the position or positions that is less than the number requested by the Minister under subsection (3); or - WNe OmArANI DMN CNY ANH WN 22 2428 30 s19 22 s21 Dental Technicians and Dental Prosthetists Registration Bill 2001 (c) the person or any of the persons nominated by the entities are not eligible to be appointed to the position or positions concerned. (6) The Minister must nominate a person or persons eligible to be appointed to the position or positions and the nomination or nominations are taken to have been made by the entities. (7) To remove doubt, if subsection (5)(b) applies, it is declared that a nomination under subsection (6) may be of, or include, a person or persons nominated by the entities. 19 Chairperson and deputy chairperson of board (1) The Governor in Council is to appoint a registrant member to be the chairperson, and another registrant member to be the deputy chairperson, of the board. (2) A person may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a member. (3) The chairperson or deputy chairperson holds office for the term decided by the Governor in Council, unless the person's term of office as a member ends sooner than the person's term of office as chairperson or deputy chairperson. (4) A vacancy occurs in the office of chairperson or deputy chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or ceases to be a registrant member. (5) However, a person resigning the office of chairperson or deputy chairperson may continue to be a member. (6) The deputy chairperson is to act as chairperson— (a) during a vacancy in the office of chairperson; and (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. 20 Term of appointment A member is to be appointed for a term of not more than 4 years. 21 Disqualification from membership (1) A person can not become, or continue as, a member if the person— CID NVBW NR \o NO SCO AND FW NYKO N — NN WN NY WN mn Nw NO 29 31 s 22 23 s 22 Dental Technicians and Dental Prosthetists Registration Bill 2001 (a) is affected by bankruptcy action; or (b) is, or has been, convicted of an indictable offence; or (c) is, or has been, convicted of an offence against this Act. (2) For subsection (1)(a), a person is affected by bankruptcy action if the person— (a) is bankrupt; or (b) has compounded with creditors; or (c) asa debtor, has otherwise taken, or applied to take, advantage of any law about bankruptcy. 22 Vacation of office (1) A member is taken to have vacated office if the member— (a) resigns his or her position on the board by signed notice of resignation given to the Minister; or (b) can not continue as a member under section 21; or (c) is absent without the board's permission from 3 consecutive meetings of the board of which due notice has been given. (2) Also, a member is taken to have vacated office in any of the following circumstances— (a) if the member is a registrant member—the member stops being a general registrant; (b) if the member is a public member—the member stops being a person mentioned in section 15(2)(b); (c) if the member was nominated, for membership of the board, under section 15(2)(c)—the member stops being a lawyer. (3) In this section— "meeting" means the following— (a) if the member does not attend—a meeting with a quorum present; (b) if the member attends—a meeting with or without a quorum present. Com NI DH UWF W NY er AUN fF WN KF OC 22 24 26 28 30 s 23 24 s 26 Dental Technicians and Dental Prosthetists Registration Bill 2001 23 When notice of resignation takes effect A notice of resignation under section 19(4) or 22(1)(a) takes effect when the notice is given to the Minister or, if a later time is stated in the notice, the later time. 24 Leave of absence for a member (1) The Minister may approve a leave of absence for a member (the "approved absent member"') of more than 3 months. (2) The Minister may appoint another person to act in the office of the approved absent member while the member is absent on the approved leave. (3) A person appointed under subsection (2) must belong to the same category of persons mentioned in section 15(2) or (3) to which the approved absent member belongs. (4) If the approved absent member is the deputy chairperson, the Minister may appoint another registrant member to act in the deputy chairperson's office while the deputy chairperson is absent on the approved leave. 25 Effect of vacancy in membership of board (1) Subsection (2) applies despite sections 15 to 17.! (2) The performance of a function, or exercise of a power, by the board is not affected merely because of a vacancy in the membership of the board. 26 Remuneration of members A member is entitled to be paid the fees and allowances decided by the Governor in Council. 1 Sections 15 (Membership of board), 16 (Registrant members) and 17 (Public members) on mon RWN WNre NAYDANA 2125 s27 25 s31 Dental Technicians and Dental Prosthetists Registration Bill 2001 Division 3—Board business 27 Conduct of business Subject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate. 28 Times and places of meetings (1) Board meetings are to be held at the times and places the chairperson decides. (2) However, the chairperson must call a meeting if asked, in writing, to do so by the Minister or at least the number of members forming a quorum for the board. 29 Quorum A quorum for the board is the number equal to one-half of the number of its members or, if one-half is not a whole number, the next highest whole number. 30 Presiding at meetings (1) The chairperson is to preside at all meetings of the board at which the chairperson is present. (2) If the chairperson is absent from a board meeting, but the deputy chairperson is present, the deputy chairperson is to preside. (3) If the chairperson and deputy chairperson are both absent from a board meeting or the offices are vacant, a registrant member chosen by the members present is to preside. 31 Conduct of meetings (1) A question at a board meeting is decided by a majority of the votes of the members present. (2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote. & WW om Nn uN BWN om Nn wn 22 25 27 s32 26 s33 Dental Technicians and Dental Prosthetists Registration Bill 2001 (3) A member present at the meeting who abstains from voting is taken to have voted for the negative. (4) The board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meeting. Example of 'technology allowing reasonably contemporaneous and continuous communication' — Teleconferencing. (5) A member who takes part in a board meeting under subsection (4) is taken to be present at the meeting. (6) A resolution is validly made by the board, even if it is not passed at a board meeting, if— (a) a majority of the board members gives written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the board. 32 Minutes (1) The board must keep— (a) minutes of its meetings; and (b) arecord of any resolutions made under section 31(6). (2) Subsection (3) applies if a resolution is passed at a board meeting by a majority of the members present. (3) If asked by a member who voted against the passing of the resolution, the board must record in the minutes of the meeting that the member voted against the resolution. Division 4—Board committees 33 Committees (1) The board may establish committees of the board for effectively and efficiently performing its functions. OO OI AMNBW NK AD NH WN FO 21 23 2530 s 34 27 s35 Dental Technicians and Dental Prosthetists Registration Bill 2001 (2) A committee may include a person who is not a member of the board. (3) The board is to decide the terms of reference of a committee. (4) The functions of a committee are to— (a) advise and make recommendations to the board about matters, within the scope of the board's functions, referred by the board to the committee; and (b) exercise powers delegated to it by the board." (5) A committee must keep a record of the decisions it makes when exercising a power delegated to it by the board. (6) The board may decide matters about a committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings. 34 Remuneration of committee members A committee member is entitled to be paid the fees and allowances decided by the Governor in Council. Division 5—Disclosure of interests by board members and committee members 35 Disclosure of interests (1) This section applies to a board or committee member (the "interested person'"') if— (a) the interested person has a direct or indirect interest in an issue being considered, or about to be considered, by the board or committee; and (b) the interest could conflict with the proper performance of the person's duties about the consideration of the issue. (2) As soon as practicable after the relevant facts come to the interested person's knowledge, the person must disclose the nature of the interest to a board or committee meeting. 2 See section 14 for the board's power of delegation. O©0oWANIDUN FW NK WNr Oo & nun on 21 2326 28 s 36 28 s 36 Dental Technicians and Dental Prosthetists Registration Bill 2001 (3) Unless the board or committee otherwise directs, the interested person must not— (a) be present when the board or committee considers the issue; or (b) take part in a decision of the board or committee about the issue. (4) The interested person must not be present when the board or committee is considering whether to give a direction under subsection (3). (5) If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not— (a) be present when the board or committee is considering whether to give a direction under subsection (3) about the interested person; or (b) take part in making the decision about giving the direction. (6) If— (a) because of this section, a board or committee member is not present at a board or committee meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum if the member were present; the remaining persons present are a quorum of the board or committee for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. (7) A disclosure under subsection (2) must be recorded in the board's or committee's minutes. (8) If the interested person is a registrant member, the person does not have a direct or indirect interest in an issue if the interest arises merely because the person is a registrant. Division 6—Directions by Minister 36 Minister's power to give directions in the public interest (1) The Minister may give the board a written direction about a matter relevant to the performance of its functions under this Act if the Minister is satisfied it is necessary to give the direction in the public interest. (2) Without limiting subsection (1), the direction may be to— Oo ON AN BPW NR orADNA WN FO 23 2530 s37 29 s 37 Dental Technicians and Dental Prosthetists Registration Bill 2001 (a) give reports and information; or (b) apply to the board a policy, standard or other instrument applying to a public sector unit. (3) The direction can not be about— (a) the registering of, or refusal to register, an applicant for registration; or (b) the renewing of, or refusal to renew, a renewable registration; or (c) the restoring of, or refusal to restore, a renewable registration; or (d) the cancelling of a registration; or (e) the imposing, or removal, of conditions on a registration. (4) Despite section 12,3 the board must comply with the direction. Division 7—Annual reports 37 Matters to be included in annual report (1) The board's annual report under the Financial Administration and Audit Act 1977 for a financial year must include the following— (a) copies of all ministerial directions given to the board under section 36 during the financial year; (b) the number of registrants at the end of the financial year; (c) details of the amount of the board's funds spent, in the financial year, on investigations and inspections under part 5;4 (d) details of the amount of the board's funds spent, in the financial year, on developing or adopting training programs in the practice of the professions that are relevant to a person's eligibility for registration; (e) details of the amount of the board's funds spent in the financial year on research, relevant to the legislative scheme, into the regulation of the professions; 3 Section 12 (Board's independence etc.) 4 Part 5 (Investigation and enforcement) oO WmN DWN fF WN s 38 30 s 40 Dental Technicians and Dental Prosthetists Registration Bill 2001 (f) details of any policies or programs developed, or initiatives taken, by the board in the financial year for the general benefit of users of registrants' services. (2) However, the board must exclude from the copies mentioned in subsection (1)(a) all information likely to identify a person mentioned in the direction. Division 8—Other provisions about the board 38 Board is statutory body under the Financial Administration and Audit Act 1977 The board is a statutory body under the Financial Administration and Audit Act 1977. 39 Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982 (1) The board is a statutory body under the Statutory Bodies Financial Arrangements Act 1982. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 sets out the way in which the board's powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. 40 Board's common seal The board's common seal is to be kept in the custody of a person nominated by the board and may be used only as authorised by the board. 5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act and relationship with other Acts) on Dunk WNe CID NB WH 21 s41 31 s42 Dental Technicians and Dental Prosthetists Registration Bill 2001 PART 3—REGISTRATION Division 1—Preliminary 41 Who may apply for registration (1) Only an individual may apply for registration. (2) Also, only an individual who holds general registration as a dental technician may apply for general registration as a dental prosthetist. Division 2—Applications for general registration Subdivision 1—Applications 42 Procedural requirements for applications (1) An application for general registration in a profession must— (a) be made to the board; and (b) be in the approved form; and (c) be accompanied by— (i) satisfactory evidence of relevant qualifications in the profession; and (ii) the application fee prescribed under a regulation (the "application fee'); and (iii) the registration fee prescribed under a regulation (the "registration fee''); and (iv) any other documents, identified in the approved form, the board reasonably requires; and (v) if the applicant is registered under a corresponding law in the profession, written details of any conditions of the registration. (2) Information in the application must, if the approved form requires, be verified by a statutory declaration. Dun fF W Com AID NH WN KF CO Nw a) NNN BRWN NN nun s 43 32 s44 Dental Technicians and Dental Prosthetists Registration Bill 2001 Subdivision 2—Eligibility for general registration 43 Eligibility (1) An applicant for general registration in a profession is eligible for general registration in the profession if— (a) the applicant is qualified for general registration in the profession under section 44; and (b) the applicant is fit to practise the profession. (2) Without limiting subsection (1), the board may be satisfied the applicant is eligible for general registration in the profession by imposing conditions on the registration under section 57.° 44 When applicant is qualified for general registration (1) An applicant for general registration in a profession is qualified for general registration in the profession if— (a) the applicant has a qualification in the profession prescribed under a regulation; or (b) the applicant has a qualification in the profession that is substantially equivalent to, or based on similar competencies to that required for, a current Australian or New Zealand qualification; or (c) the applicant has passed a qualifying examination in the profession set by or for, or recognised by, the board. (2) In deciding whether subsection (1)(b) is satisfied, the board may have regard to the following— (a) the advice and recommendations of— (i) an entity recognised by the board as competent to assess qualifications in the profession; or (ii) an entity responsible for accrediting courses, or accrediting institutions to educate persons, for the profession; (b) the attributes of the course leading to the applicant's qualification; 6 Section 57 (Imposition of conditions by board) om nN DN FW WV OMDAND NH WN Nw - oO NN WN N & NN nun NN aon WN ow s45 33 s45 Dental Technicians and Dental Prosthetists Registration Bill 2001 ©) Example of 'attributes' of a course— The course objectives and competencies. any other relevant issue. (3) In this section— "current Australian or New Zealand qualification", in a profession, means an Australian or New Zealand qualification in the profession, mentioned in a regulation made under subsection (1)(a), that may be conferred or awarded as a result of the successful completion of a course offered, at the date of the applicant's application for general registration, by the educational institution mentioned in relation to the qualification. 45 Fitness to practise the profession (1) In deciding whether an applicant for general registration in a profession is fit to practise the profession, the board may have regard to the following— (a) (b) ©) (d) () (f) the applicant's mental and physical health; the applicant's command of the English language; whether the applicant has been convicted of an indictable offence; whether the applicant has been convicted of an offence against the repealed Act, this Act, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; whether the applicant has been convicted of an offence, relating to the practice of the profession, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country (other than laws mentioned in paragraph (d)), including, for example an offence of that type against— (i) the Health Act 1937; or (ii) the Fair Trading Act 1989; if the applicant has been registered under this Act or the repealed Act in the profession or is, or has been, registered under a corresponding law in the profession and the registration was affected— SCOmMAANIDN FL WN Ke om AIA HD NSW WV 22 242629 3133 s45 34 s45 Dental Technicians and Dental Prosthetists Registration Bill 2001 (i) by the imposition of a condition—the nature of the condition and the reason for its imposition; or (ii) by its suspension or cancellation—the reason for its suspension or cancellation; or (iii) in another way—the way it was affected and the reason for it being affected; (g) if the qualification relied on by the applicant to obtain registration was conferred or awarded on a day (the "qualification day") that is more than 3 years before the date of application, the nature, extent and period of any practice of the profession by the applicant since the qualification day; (h) any other issue relevant to the applicant's ability to competently and safely practise the profession. (2) In subsection (1)(c), (d) or (e), mention of a conviction does not include a conviction that is not part of the applicant's criminal history. (3) For subsection (1)(g)— (a) the passing of an examination mentioned in section 44(1)(c) is taken to be a qualification; and (b) the day the examination was passed is taken to be the qualification day. (4) The board may ask the commissioner of the police service for a written report about an applicant's criminal history. (5) If asked by the board, the commissioner of the police service must give the board a written report about the criminal history of the applicant, including the criminal history in the commissioner's possession or to which the commissioner has access. (6) In this section— "criminal history'', of an applicant, means the applicant's criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than convictions for which the rehabilitation period has expired, and not been revived, under that Act. nun Bw on a ns wn on 22 2426 2931 s 46 35 s 46 Dental Technicians and Dental Prosthetists Registration Bill 2001 Subdivision 3—Inquiries into applications 46 Board's powers before deciding applications (1)B (a) efore deciding the application, the board— may investigate the applicant; and (b) may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide the application; and (c) may, by notice given to the applicant, require the applicant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place; and (d) may, by notice given to the applicant, require the applicant to (2) T undergo a health assessment within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. he board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) T assess he purpose of an examination under subsection (1)(c) must be to the applicant's ability to competently and safely practise the profession to which the application relates. (4)T he purpose of an assessment under subsection (1)(d) must be to assess the applicant's mental and physical capacity to competently and safely practise the profession to which the application relates. (5)T he applicant is taken to have withdrawn the application if, within the stated time, the applicant— (a) does not comply with a requirement under subsection (1)(b); or (b) does not undergo an examination under subsection (1)(c); or (c) does not undergo an assessment under subsection (1)(d). (6) A notice under subsection (1)(b), (c) or (d) must be given to the applicant within 60 days after the board receives the application. (7) Also, a notice under subsection (1)(d) must state— (a) the reason for the assessment; and 0 OINDMN FW WN NO SOW AND NWSW NFO NNW WN Nw ns Ny NY WY aon a WN ow Ww WwW No = s47 36 s 48 Dental Technicians and Dental Prosthetists Registration Bill 2001 (b) the name and qualifications of the person appointed by the board to conduct the assessment; and (c) the place where, and the day and time at which, the assessment is to be conducted. 47 Appointment of appropriately qualified person to conduct health assessment (1) This section applies if the board believes it is necessary for the applicant to undergo a health assessment under section 46(1)(d). (2) The board may appoint 1 or more appropriately qualified persons to conduct the assessment, in whole or part. (3) At least 1 of the persons appointed to conduct the assessment must be a medical practitioner. (4) Before appointing a person to conduct a health assessment, the board must be satisfied the person does not have a personal or professional connection with the applicant that may prejudice the way in which the person conducts the assessment. (5) In this section— "appropriately qualified", for a medical practitioner or other person conducting a health assessment, includes having the qualifications, experience, skills or knowledge appropriate to conduct the assessment. 48 Report about health assessment (1) A person appointed under section 47 to conduct all or part of a health assessment of the applicant must prepare a report about the assessment (an "assessment report"). (2) The assessment report must include— (a) the person's findings as to the applicant's mental and physical capacity to competently and safely practise the profession to which the applicant's application relates; and (b) if the person finds the applicant does not have the mental and physical capacity to practise the profession, the person's recommendations as to any conditions that could be imposed on RW Ne Co ON DAMN FPOoOoOmn NY AUNFW NK © Nw 242831 s49 37 s 50 Dental Technicians and Dental Prosthetists Registration Bill 2001 the applicant's registration as a general registrant in the profession to overcome the incapacity. (3) The person must give the assessment report to the board. 49 Use of assessment report (1) An assessment report is not admissible in any proceedings, other than stated proceedings. (2) A person can not be compelled to produce the report, or to give evidence relating to the report or its contents, in any proceedings, other than stated proceedings. (3) Subsections (1) and (2) do not apply if the report is admitted or produced, or evidence relating to the report or its contents is given, with the consent of the person who prepared the report and the person to whom the report relates. (4) In this section— "assessment report" includes a copy of the report, or a part of the report or copy. "proceedings under the Health Practitioners (Professional Standards) Act 1999" includes a health assessment of a registrant by a health assessment committee under that Act. "stated proceedings" means— (a) areview of conditions under division 7;7 or (b) an appeal started under part 6;8 or (c) proceedings under the Health Practitioners (Professional Standards) Act 1999, not including proceedings for an offence against that Act. 50 Payment for health assessments and reports A person who conducts a health assessment and prepares an assessment report for the board is entitled to be paid for his or her work by the board. 7 Division 7 (Reviewing conditions of general registrations) 8 Part 6 (Appeals) Ww Com AN F COMI DUN FP WNKO Ne NY WY Ny FF Oo NbNw Nn & WD 28 s51 38 s 53 Dental Technicians and Dental Prosthetists Registration Bill 2001 Subdivision 4—Decision on applications 51 Decision The board must consider the application and decide to register, or refuse to register, the applicant as a general registrant in the profession to which the application relates. 52 Steps to be taken after application decided (1) If the board decides to register the applicant as a general registrant, it must as soon as practicable issue a certificate of general registration to the applicant. (2) If the board decides to refuse to register the applicant as a general registrant, it must as soon as practicable give the applicant an information notice about the decision. (3) If the board decides to register the applicant as a dental prosthetist, the registrant's registration is subject to the conditions, other than any recency of practice conditions, attaching to the applicant's general registration as a dental technician immediately before the decision takes effect. (4) Subsection (3) does not limit the board's power under section 57 to impose conditions on the applicant's general registration as a dental prosthetist. 53 Failure to decide applications (1) Subject to subsections (2) and (3), if the board fails to decide the application within 60 days after its receipt, the failure is taken to be a decision by the board to refuse to register the applicant as a general registrant. (2) Subsection (3) applies if the board has— (a) under section 46(1)(b),' required the applicant to give the board further information or a document; or (b) under section 46(1)(c), required the applicant to undergo an examination; or 9 Section 46 (Board's powers before deciding applications) nABwW YN oOoMmrn an STOmMW ADMBPW NK OO N 2325 28 30 s54 39 s54 Dental Technicians and Dental Prosthetists Registration Bill 2001 (c) under section 46(1)(d), required the applicant to undergo a health assessment. (3) The board is taken to have decided to refuse to register the applicant as a general registrant if it fails to decide the application by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination; (c) the day that is 60 days after the board receives the assessment report. (4) This section does not apply if the applicant is registered as a provisional general registrant.!° (5) This section is subject to section 54. 54 Further consideration of applications (1) This section applies if the board considers it needs further time to make a decision on the application because of the complexity of the matters that need to be considered in deciding the application. Example of an application for general registration that may require the consideration of complex matters— An application requiring the board to obtain and consider information about the applicant from a foreign regulatory authority. (2) The board may at any time before the final consideration day give notice to the applicant that— (a) because of the complexity of the matters that need to be considered in deciding the application, the board needs further time to decide the application; and (b) the period within which the board must decide the application is extended to a day (the "extended day'') that is 60 days after the final consideration day. 10 'If the applicant is registered as a provisional general registrant, section 67 states when the board is taken to have decided to refuse to register the applicant as a general registrant. Com ND NSW NK WN FO NO CO OND UM 22 24 2629 s55 40 s55 Dental Technicians and Dental Prosthetists Registration Bill 2001 (3) Also, the applicant and board may at any time before the final consideration day agree in writing on a day (the "agreed extended day") by which the application is to be decided. (4) The board is taken to have decided to refuse to register the applicant as a general registrant if it does not decide the application by— (a) if subsection (2) applies—the extended day; or (b) if subsection (3) applies—the agreed extended day; or (c) if both subsections (2) and (3) apply—the later of the extended day or agreed extended day. (5) Subsection (4) does not apply if the applicant is registered as a provisional general registrant.!! (6) In this section— "final consideration day" means the latest of the following days— (a) the day that is 60 days after receipt of the application; (b) if the board has, under section 46(1)(b), required the applicant to give the board further information or a document—the day that is 60 days after the board receives the further information or document; (c) if the board has, under section 46(1)(c), required the applicant to undergo an examination—the day that is 60 days after the board receives the results of the examination; (d) if the board has, under section 46(1)(d), required the applicant to undergo a health assessment—the day that is 60 days after the board receives the assessment report. Subdivision 5—Information in certificates of general registration 55 Forms of certificates of general registration (1) A certificate of general registration must be in the approved form. (2) The approved form must provide for the inclusion of the following— 11 If the applicant is registered as a provisional general registrant, section 67 states when the board is taken to have decided to refuse to register the applicant as a general registrant. om rN WD NKR WNe NO SCO OANDN FW YN KO N — NNN BRWN 27 s 56 41 s57 Dental Technicians and Dental Prosthetists Registration Bill 2001 (a) the registrant's name; (b) the profession to which the registration relates; (c) the period of the registration; (d) any conditions of registration. Subdivision 6—Period of general registration 56 Period (1) The period of registration that is to apply to general registrants in a profession is the period (the "general registration period"), not more than 3 years, prescribed under a regulation. (2) If the board decides to register an applicant for general registration as a general registrant in a profession during a general registration period for the profession, the registration remains in force for the period— (a) commencing on the day when the board makes the decision; and (b) ending on the last day of the general registration period. Subdivision 7—Conditions of general registration 57 Imposition of conditions by board (1) The board may decide to register an applicant for general registration in a profession as a general registrant in the profession on conditions the board considers necessary or desirable for the applicant to competently and safely practise the profession. Examples of conditions of general registration— 1. A condition that a general registrant only practise the profession under the supervision of another general registrant. 2. A condition prohibiting a general registrant engaging in stated procedures related to the practice of the profession. (2) If the board decides to register an applicant for general registration as a general registrant on conditions, it must as soon as practicable— oon lon Nn & Ww N KR WwW NRO Nn s 58 42 s 59 Dental Technicians and Dental Prosthetists Registration Bill 2001 (a) also decide the review period applying to the conditions;!? and (b) give the applicant an information notice about the decisions. (3) If the board decides to register an applicant for general registration as a general registrant on conditions because of the applicant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. (4) The board must decide not to record details of the conditions mentioned in subsection (3) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details. 58 Contravention of conditions A general registrant must not contravene a condition of the registration imposed under this Act. Maximum penalty—100 penalty units. Division 3—Provisional general registration 59 Meaning of "authorised person" for div 3 (1) In this division— "authorised person" means any of the following persons who are authorised by the board to decide to register a person as a provisional general registrant in a profession— (a) the executive officer; (b) amember; (c) amember of the office's staff. (2) An authority mentioned in subsection (1) may be limited by reference to specified conditions, exceptions or factors. 12. The conditions may be reviewed under division 7 (Reviewing conditions of general registrations). Com NADWNWHKW WN an BW WN 21 2326 s 60 43 s 60 Dental Technicians and Dental Prosthetists Registration Bill 2001 60 Provisional general registration of a person (1) Subsection (2) applies if an authorised person reasonably considers— (a) an applicant for general registration in a profession is eligible for the registration without conditions; and (b) because of the period before the board is likely to consider the application in the ordinary course of its business, it is not reasonable for the applicant to have to wait for the board to consider the application. (2) The authorised person may decide to register the applicant as a provisional general registrant in the profession. (3) Subsection (4) applies if an authorised person or the board— (a) reasonably considers, subject to an applicant for general registration in a profession giving the board further evidence of the applicant's relevant qualification, the applicant is eligible for the registration without conditions; or (b) reasonably considers— (i) an applicant for general registration in a profession would be eligible for general registration in the profession without conditions, other than for the fact that the relevant qualification relied on by the applicant has not been conferred on, or awarded to, the applicant; and (ii) the applicant is entitled to have the relevant qualification conferred on, or awarded to, him or her. (4) The authorised person or board may decide to register the applicant as a provisional general registrant in the profession. (5) If the authorised person or board decides to register the applicant as a provisional general registrant, the authorised person or board must as soon as practicable issue a certificate of provisional general registration to the applicant. (6) An authorised person or the board may not decide to register a person as a provisional general registrant on conditions. ns Wn COonmDrNAD 2124 26 2830 32 s61 44 s 63 Dental Technicians and Dental Prosthetists Registration Bill 2001 61 Confirmation or cancellation of provisional general registration (1) If an authorised person decides to register an applicant for general registration as a provisional general registrant, the authorised person must as soon as practicable report to the board about the basis for the authorised person's decision. (2) The board must consider the report and decide whether to confirm or cancel the provisional general registration. (3) In making its decision, the board must consider whether the authorised person should have decided to register the applicant as a provisional general registrant. (4) If the board decides to cancel the provisional general registration, it must as soon as practicable give the applicant notice of its decision. 62 Procedure after cancellation of provisional general registration (1) This section applies if the board decides, under section 61, to cancel a person's provisional general registration. (2) The notice of cancellation must include the reason for the decision. (3) The decision takes effect on the day the notice is given to the person. (4) The person must return the certificate of provisional general registration to the board within 14 days after receiving the notice, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (5) Even though the board decides to cancel a person's provisional general registration, it must still consider the person's application for general registration. 63 Form of certificate of provisional general registration (1) A certificate of provisional general registration must be in the approved form. (2) The approved form must provide for the inclusion of the following— (a) the registrant's name; (b) the profession to which the registration relates; (c) the period of the registration. COD ANAD NSWN Ne SCOmMmAN DH NH WwW NY wv — NNN BRWN 27 2931 s 64 45 s 66 Dental Technicians and Dental Prosthetists Registration Bill 2001 64 Period The provisional general registration of a person remains in force for the period, not more than 6 months, decided by the authorised person or board when deciding to register the person as a provisional general registrant. 65 Board decides to register provisional general registrant as a general registrant (1) This section applies if— (a) a person is a provisional general registrant in a profession; and (b) the board decides to register the person as a general registrant in the profession. (2) The provisional general registration is cancelled when the person receives a certificate of general registration under section 52(1).'3 (3) The general registration is taken to have started from the day the person was registered as a provisional general registrant. 66 Board decides to refuse to register provisional general registrant as a general registrant (1) This section applies if— (a) a person is a provisional general registrant in a profession; and (b) the board decides to refuse to register the person as a general registrant in the profession. (2) The provisional general registration is cancelled when an information notice about the decision is given to the person under section 52(2). (3) The person must return the certificate of provisional general registration to the board within 14 days after receiving the information notice, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. 13 Section 52 (Steps to be taken after application decided) WN 0 Oo NY AN BW NRK CO ont nm 2225 $67 46 s 68 Dental Technicians and Dental Prosthetists Registration Bill 2001 67 Deemed refusal by board to register provisional general registrant as a general registrant (1) This section applies if— (a) a person is a provisional general registrant in a profession; and (b) other than for section 53(4) or 54(5),!4 the board would have been taken to have decided to refuse to register the person as a general registrant in the profession. (2) The board is taken to have decided to refuse to register the person as a general registrant on the expiry of the provisional general registration. Division 4—Renewal of general registrations Subdivision 1—Preliminary 68 Meaning of "recency of practice requirements" (1) "Recency of practice requirements", for a profession, are requirements, prescribed under a regulation, that if satisfied demonstrate that an applicant for renewal of a general registration in the profession has maintained an adequate connection with the profession. (2) The requirements may include requirements about the following— (a) the nature, extent and period of practice of the profession by the applicant; (b) the nature and extent of any continuing professional education undertaken by the applicant; (c) the nature and extent of any research, study or teaching, relating to the profession, undertaken by the applicant; (d) the nature and extent of any administrative work, relating to the profession, performed by the applicant. 14. Section 53 (Failure to decide applications) or 54 (Further consideration of applications) on NDA & eS) Ne ow ~ Nn WwW N 23 25 s 69 47 s 70 Dental Technicians and Dental Prosthetists Registration Bill 2001 Subdivision 2—Applications for renewal of general registrations 69 Notification of imminent expiry of registration The board must give a general registrant notice of the imminent expiry of the registration at least 60 days before the expiry. 70 Procedural requirements for applications (1) A general registrant may apply to the board for the renewal of the registration. (2) The application must be made within the period— (a) starting— (i) 60 days before the expiry of the registration; or (ii) on an earlier day, if any, stated in the notice given to the registrant under section 69; and (b) ending immediately before the expiry. (3) The application must— (a) be in the approved form; and (b) be accompanied by— (i) _ the registration fee; and (ii) any documents, identified in the approved form, the board reasonably requires to decide the application. (4) Information in the application must, if the approved form requires, be verified by a statutory declaration. (5) The approved form must require the applicant to state the following— (a) whether the applicant suffers from any ongoing medical condition, of which the applicant is aware, that the applicant knows or ought reasonably to know adversely affects the \o o mon nn & UW So - WwW Ne om NI Dw 23 25 s71 48 s72 Dental Technicians and Dental Prosthetists Registration Bill 2001 (b) applicant's ability to competently and safely practise the profession to which the application relates;!5 if there are recency of practice requirements for the profession relevant to the applicant, details of the extent to which the applicant has satisfied the requirements. 71 General registration taken to be in force while application is considered (1) If an application is made under section 70, the applicant's general registration is taken to continue in force from the day it would, apart from this section, have expired until— (a) (b) ©) if the board decides to renew the applicant's general registration—the day a new certificate of general registration is issued to the applicant under section 75(1); or if the board decides to refuse to renew the applicant's general registration—the day an information notice about the decision is given to the applicant under section 75(2); or if the application is taken to have been withdrawn under section 72(4)—the day it is taken to have been withdrawn. (2) Subsection (1) does not apply if the registration is earlier cancelled under this Act or suspended or cancelled under the Health Practitioners (Professional Standards) Act 1999. Subdivision 3—Decision on applications 72 Inquiries into applications (1) Before deciding the application, the board— (a) (b) may investigate the applicant; and may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 30 days stated 15 If this information indicates to the board that the applicant may be an impaired registrant under the Health Practitioners (Professional Standards) Act 1999, the applicant may be dealt with under that Act. NRW Ne on NW FOO ON ANK WNKY CO Nw N N 2427 s73 49 s 73 Dental Technicians and Dental Prosthetists Registration Bill 2001 in the notice, further information or a document the board reasonably requires to decide the application; and (c) may, if the board is not satisfied the applicant has satisfied recency of practice requirements for the profession to which the application relates, by notice given to the applicant, require the applicant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) The purpose of an examination under subsection (1)(c) must be to assess any effect the applicant's non-satisfaction of the requirements has on the applicant's ability to competently and safely practise the profession to which the application relates. (4) The applicant is taken to have withdrawn the application if, within the stated time, the applicant— (a) does not comply with a requirement under subsection (1)(b); or (b) does not undergo an examination under subsection (1)(c). 73 Decision (1) The board must consider the application and decide to renew, or refuse to renew, the applicant's general registration. (2) In making its decision, the board must have regard only to the extent, if any, to which the applicant has satisfied recency of practice requirements for the profession to which the application relates.!° (3) If there are no recency of practice requirements for the profession relevant to the applicant, the board must decide to renew the applicant's general registration. 16 Under section 74(2), the board may decide to renew the registration on recency of practice conditions if the board is not satisfied the applicant has satisfied recency of practice requirements for the profession to which the applicant's application relates. Ne AAIADMNHW \o Co BRWNe nn 21 2326 s74 50 s74 Dental Technicians and Dental Prosthetists Registration Bill 2001 74 Recency of practice requirements are not satisfied (1) This section applies if the board is not satisfied the applicant has satisfied recency of practice requirements for the profession to which the applicant's application relates. (2) The board may decide to renew the applicant's general registration on conditions ("recency of practice conditions'') the board considers will sufficiently address the extent to which the applicant has not satisfied the requirements. (3) Before deciding to renew the registration on recency of practice conditions, the board must— (a) give notice to the applicant— (i) of the details of the proposed conditions; and (ii) of the reason for the proposed imposition of the conditions; and (iii) that the applicant may make a written submission to the board about the proposed conditions within a reasonable time of at least 14 days stated in the notice; and (b) have regard to any written submission made to the board by the applicant before the stated day. (4) If the board decides to renew the registration on recency of practice conditions, it must as soon as practicable— (a) also decide the review period applying to the conditions;!? and (b) give the applicant an information notice about the decisions. (5) The imposition of the conditions takes effect on the later of the following— (a) when the information notice is given to the applicant; (b) immediately after the day the registration would have expired, other than for its renewal. 17. The conditions may be reviewed under division 7 (Reviewing conditions of general registrations). \o COrAIDN BRWN on ND & W N 2225 28 s75 51 s77 Dental Technicians and Dental Prosthetists Registration Bill 2001 75 Steps to be taken after application decided (1) If the board decides to renew the applicant's general registration, it must as soon as practicable issue a new certificate of general registration to the applicant. (2) If the board decides to refuse to renew the applicant's general registration, it must as soon as practicable give the applicant an information notice about the decision. (3) Without affecting section 74(2), if the board decides to renew the applicant's general registration, the renewed general registration is subject to the conditions attaching to the registration immediately before the decision takes effect.!8 Division 5—Restoration of general registrations 76 Application of div 4, sdivs 1 and 3 For restoring a general registration, division 4, subdivisions 1 and 3, other than sections 74(5) and 75(3),!° apply as if— (a) an application for renewal of a general registration were an application for restoration of a general registration; and (b) an applicant for renewal of a general registration were an applicant for restoration of a general registration; and (c) arenewal of a general registration were a restoration of a general registration. 77 When an application for restoration of a general registration may be made If a person's general registration has expired, the person may apply to the board for restoration of the registration within 3 months after the expiry. 18 The conditions may include conditions imposed under the Health Practitioners (Professional Standards) Act 1999. 19 Division 4 (Renewal of general registrations), subdivisions 1 (Preliminary) and 3 (Decision on applications), sections 74 (Recency of practice requirements are not satisfied) and 75 (Steps to be taken after application decided) Om ND PWN Nw Po OD ND WH W NN WN NNW Nn s 78 52 s79 Dental Technicians and Dental Prosthetists Registration Bill 2001 78 Procedural requirements for applications (1) The application must— (a) be in the approved form; and (b) be accompanied by— (i) the restoration fee prescribed under a regulation (the "restoration fee''); and (ii) any documents, identified in the approved form, the board reasonably requires to decide the application. (2) Information in the application must, if the approved form requires, be verified by a statutory declaration. (3) The approved form must require the applicant to state the following— (a) whether the applicant suffers from any ongoing medical condition, of which the applicant is aware, that the applicant knows or ought reasonably to know adversely affects the applicant's ability to competently and safely practise the profession to which the application relates; (b) if there are recency of practice requirements for the profession relevant to the applicant, details of the extent to which the applicant has satisfied the requirements. 79 Restoration of general registration as dental prosthetist (1) This section applies if— (a) a person holds general registration as a dental technician and dental prosthetist; and (b) the person's general registration as a dental prosthetist expires; and (c) the person applies under section 77 for the restoration of the person's general registration as a dental prosthetist. 20 If this information indicates to the board that the applicant may be an impaired registrant under the Health Practitioners (Professional Standards) Act 1999, the applicant may be dealt with under that Act. 0 ON AN FW WN Oo SCOmDW NDUNSW NK N 24 26 28 s 80 53 s 83 Dental Technicians and Dental Prosthetists Registration Bill 2001 (2) The board must decide not to restore the person's general registration as a dental prosthetist if the person does not hold general registration as a dental technician. (3) Section 73, as applied by section 76, is subject to this section. 80 Period of restored registration If the board decides to restore the applicant's general registration in a profession during a general registration period for the profession, the registration remains in force for the period— (a) commencing on the day when the board makes the decision; and (b) ending on the last day of the general registration period. 81 Conditions of expired registration Without affecting section 74(2), as applied by section 76, if the board decides to restore the applicant's general registration, the registration is subject to the conditions attaching to the registration immediately before its expiry. 82 When recency of practice conditions take effect If the board decides to restore the applicant's general registration on recency of practice conditions, the imposition of the conditions takes effect when the information notice about the decision is given by the board to the applicant. Division 6—Cancellation of general registrations 83 Ground for cancellation A person's general registration may be cancelled, under this division, on the ground that the person was registered because of a materially false or misleading representation or declaration. \o ona nn WNre aABWN a laa onc a} 24 s 84 54 s 86 Dental Technicians and Dental Prosthetists Registration Bill 2001 84 Show cause notice (1) If the board believes the ground exists to cancel a general registration, the board must before taking action to cancel the registration give the registrant a notice (a "show cause notice"). (2) The show cause notice must— (a) state the board proposes to cancel the registration; and (b) state the ground for the proposed cancellation; and (c) outline the facts and circumstances forming the basis for the ground; and (d) if the registration is general registration as a dental technician and the registrant is also registered as a dental prosthetist—state that if the general registration as a dental technician is cancelled, the general registration or provisional general registration as a dental prosthetist ends;?! and (e) invite the registrant to show within a stated period (the "show cause period'') why the registration should not be cancelled. (3) The show cause period must be a period ending not less than 21 days after the show cause notice is given to the registrant. 85 Representations about show cause notices (1) The registrant may make written representations about the show cause notice to the board in the show cause period. (2) The board must consider all written representations (the 'accepted representations'') made under subsection (1). 86 Ending show cause process without further action (1) This section applies if, after considering the accepted representations for the show cause notice, the board no longer believes the ground exists to cancel the registration. (2) The board must not take any further action about the show cause notice. 21 See section 119 (Effect on dental prosthetics registration if registration as dental technician ceases to have effect). om nN DWN FWN Cr AN FWNrF CO 21 23 2629 s 87 55 s 88 Dental Technicians and Dental Prosthetists Registration Bill 2001 (3) The board must also as soon as practicable after coming to the belief give notice to the registrant that no further action is to be taken about the show cause notice. 87 Cancellation (1) This section applies if, after considering the accepted representations for the show cause notice, the board— (a) still believes the ground exists to cancel the registration; and (b) believes cancellation of the registration is warranted. (2) This section also applies if there are no accepted representations for the show cause notice. (3) The board may decide to cancel the registration. (4) If the board decides to cancel the registration, it must as soon as practicable give the registrant an information notice about the decision. (5) The decision takes effect on the day the information notice is given to the registrant. 88 Return of cancelled certificate of general registration to board (1) This section applies if the board decides to cancel a general registration and gives an information notice for the decision to the registrant. (2) The registrant must return the certificate of general registration to the board within 14 days after receiving the information notice, unless the registrant has a reasonable excuse. Maximum penalty for subsection (2)—10 penalty units. WNre omnNn AN nek WN FF Oo oman a 22 s 89 56 s 90 Dental Technicians and Dental Prosthetists Registration Bill 2001 Division 7—Reviewing conditions of general registrations Subdivision 1—Review of conditions imposed by the board or District Court 89 Review of conditions (1) Conditions imposed on a general registration under this Act may be reviewed under this division. (2) However, conditions imposed on a general registration as a dental prosthetist under section 52(3)** may not be reviewed under this division." 90 How registrant may start a review (1) The registrant to whom the conditions relate may apply to the board for a review of the conditions. (2) However, the application must not be made— (a) during the review period applying to the conditions; or (b) while an appeal to the District Court about the decision to impose the conditions is pending. (3) The application must— (a) be in the approved form; and (b) be accompanied by the fee prescribed under a regulation. (4) The approved form must require the registrant to state— (a) that the registrant believes the conditions are no longer appropriate; and (b) the reason for the registrant's belief. (5) The board must consider the application and make a decision under section 95. 22 Section 52 (Steps to be taken after application decided) 23 See section 97 (Effect on dental prosthetic registration if conditions on dental technician registration are changed or removed). orn AN ££ Wn an) ona unk WwW WY 21 24 s91 57 s 92 Dental Technicians and Dental Prosthetists Registration Bill 2001 91 Review of conditions during review period (1) This section applies if, during the review period applying to the conditions, the board reasonably believes the conditions may no longer be appropriate. (2) The board may, with the written agreement of the registrant to whom the conditions relate, review the conditions. 92 Board's powers before making decision (1) Before making its decision under section 95, the board— (a) may investigate the registrant; and (b) may, by notice given to the registrant, require the registrant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to make the decision; and (c) may, by notice given to the registrant, require the registrant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place; and (d) may, by notice given to the registrant, require the registrant to undergo a health assessment within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) Subject to section 95(2), the purpose of an examination under subsection (1)(c) must be to assess the registrant's ability to competently and safely practise the profession to which the registrant's registration relates. (4) Subject to section 95(2), the purpose of an assessment under subsection (1)(d) must be to assess the registrant's mental and physical capacity to competently and safely practise the profession to which the registrant's registration relates. (5) Also, a notice under subsection (1)(d) must state— (a) the reason for the assessment; and (b) the name and qualifications of the person appointed by the board to conduct the assessment; and Dun BWN 'o won NO SCOmW NADNAE WNFK OC NN Ne NNNN DnbwW wWNNN CoOoMAN Ww WwW No = Ww WD & W s 93 58 s94 Dental Technicians and Dental Prosthetists Registration Bill 2001 (c) the place where, and the day and time at which, the assessment is to be conducted. 93 Application of ss 47-50 (1) This section applies if the board believes it is necessary for the registrant to undergo a health assessment under section 92(1)(d). (2) Sections 47 to 50% apply as if— (a) an applicant for general registration were the registrant; and (b) the reference in section 47(1) to section 46(1)(d) were a reference to section 92(1)(d). 94 Deemed withdrawal of application etc. (1) Subsections (2) and (3) apply if the conditions are being reviewed because of an application made by the registrant under section 90. (2) The registrant is taken to have withdrawn the application if, within the stated time, the registrant— (a) does not comply with a requirement under section 92(1)(b); or (b) does not undergo an examination under section 92(1)(c); or (c) does not undergo an assessment under section 92(1)(d). (3) A notice under section 92(1)(b), (c) or (d) must be given to the registrant within 60 days after the board receives the application. (4) Subsections (5) and (6) apply if the conditions are being reviewed under section 91. (5) The board is taken to have decided to confirm the conditions if, within the stated time, the registrant— (a) does not comply with a requirement under section 92(1)(b); or (b) does not undergo an examination under section 92(1)(c); or (c) does not undergo an assessment under section 92(1)(d). 24 Sections 47 (Appointment of appropriately qualified person to conduct health assessment), 48 (Report about health assessment), 49 (Use of assessment report) and 50 (Payment for health assessments and reports) Ne om IY HD Wn W om rN DN FW NK CO Nw - oO NN WN NY NY N Nn nn s95 59 s 96 Dental Technicians and Dental Prosthetists Registration Bill 2001 (6) A notice under section 92(1)(b), (c) or (d) must be given to the registrant within 60 days after the board agrees with the registrant to review the conditions. 95 Decision (1) After reviewing the conditions, the board must decide— (a) to confirm the conditions; or (b) to remove the conditions; or (c) to change the conditions. (2) In making its decision, the board must consider whether the conditions remain necessary or desirable for the registrant to competently and safely practise the profession to which the registrant's registration relates. (3) If the board decides to confirm or change the conditions, the conditions may only be confirmed or changed for the reasons the conditions were initially imposed. (4) If the board decides to confirm or change the conditions, it must as soon as practicable— (a) also decide the review period applying to the confirmed or changed conditions; and (b) give the registrant an information notice about the decisions. (5) If the board decides to remove the conditions, it must as soon as practicable give the registrant notice of the decision. 96 When decision takes effect (1) If the board decides to confirm the conditions, the decision takes effect when it is made. (2) If the board decides to change the conditions, the change takes effect when an information notice about the decision is given to the registrant under section 95(4)(b) and does not depend on the certificate of general registration being amended to record the change or a replacement certificate of general registration being issued. (3) If the board decides to remove the conditions, the removal takes effect when notice of the decision is given to the registrant under WNre oWmnNnN nn Fs OD AND ABW NK O N Co NN Ne 25 272932 s97 60 s97 Dental Technicians and Dental Prosthetists Registration Bill 2001 section 95(5) and does not depend on the certificate of general registration being amended to record the removal or a replacement certificate of general registration being issued. 97 Effect on dental prosthetics registration if conditions on dental technician registration are changed or removed (1) This section applies if— (a) aregistrant holds general registration as a dental prosthetist; and (b) the registrant's general registration as a dental technician is subject to conditions; and (c) the conditions are changed or removed under this Act.?5 (2) The conditions are taken to be— (a) fora decision to change the conditions on the registrant's general registration as a dental technician—changed in the same way on the registrant's general registration as a dental prosthetist; and (b) for a decision to remove the conditions from the registrant's general registration as a dental technician—removed from the registrant's general registration as a dental prosthetist. (3) The change to, or removal of, the conditions on the general registration as a dental prosthetist takes effect on the same day (the "effective day") as the day the board's decision to change or remove the conditions on the general registration as a dental technician takes effect. (4) The information notice given to the registrant about the decision to change or remove the conditions on the registrant's general registration as a dental technician must also include a direction to the registrant to return the certificate of general registration as a dental prosthetist within 14 days after the effective day. (5) The registrant must return the certificate to the board within 14 days after the effective day, unless the registrant has a reasonable excuse. Maximum penalty—10 penalty units. 25 See section 52(3) which provides that if the board decides to register a person as a general registrant in the dental prosthetics profession, the general registration is subject to the conditions, other than any recency of practice conditions, attaching to the person's general registration as a dental technician immediately before the decision takes effect. WNre Om ND WN NO SCOmW ND PWN KF CO N — NNNNNY DANnBRWN NN on N \o s 98 61 s 98 Dental Technicians and Dental Prosthetists Registration Bill 2001 (6) On receiving the certificate, the board must— (a) amend the certificate in an appropriate way and return the amended certificate to the registrant; or (b) if the board does not consider it practicable to amend the certificate—issue another certificate of general registration as a dental prosthetist to the registrant to replace the certificate returned to the board. (7) In this section— "conditions" means conditions other than recency of practice conditions. 98 Failure by board to make decision on application (1) Subject to subsections (2) and (3), if the board fails to decide an application under section 90° within 60 days after its receipt, the failure is taken to be a decision by the board to remove the conditions. (2) Subsection (3) applies if the board has— (a) under section 92(1)(b),?" required the applicant to give the board further information or a document; or (b) under section 92(1)(c), required the applicant to undergo an examination; or (c) under section 92(1)(d), required the applicant to undergo a health assessment. (3) The board is taken to have decided to remove the conditions if the board fails to decide the application by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination; (c) the day that is 60 days after the board receives the assessment report. (4) The removal of the conditions under subsection (1) or (3) does not depend on the certificate of general registration being amended to record 26 Section 90 (How registrant may start a review) 27 Section 92 (Board's powers before making decision) 0 Dm ANDWNAB WN CAI DANN fF WNrY CO 22 24 26 28 30 s99 62 s 100 Dental Technicians and Dental Prosthetists Registration Bill 2001 the removal or a replacement certificate of general registration being issued. 99 Failure by board to make decision on review agreed to under s 91 (1) Subject to subsections (2) and (3), if the board fails to make a decision on a review agreed to under section 9178 within 60 days after the agreement, the failure is taken to be a decision by the board to remove the conditions. (2) Subsection (3) applies if the board has— (a) under section 92(1)(b), required the registrant to give the board further information or a document; or (b) under section 92(1)(c), required the registrant to undergo an examination; or (c) under section 92(1)(d), required the registrant to undergo a health assessment. (3) The board is taken to have decided to remove the conditions if the board fails to make a decision on the review by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination; (c) the day that is 60 days after the board receives the assessment report. (4) The removal of the conditions under subsection (1) or (3) does not depend on the certificate of general registration being amended to record the removal or a replacement certificate of general registration being issued. 100 Further decision required if certain conditions changed (1) This section applies if the conditions were imposed because of the registrant's mental and physical health. 28 Section 91 (Review of conditions during review period) Ne Co Wm NNDNH W om ADM FW NK CO Nw - oO NN WN NoHOnnwv NAAN 30 s101 63 s101 Dental Technicians and Dental Prosthetists Registration Bill 2001 (2) If the board decides to change the conditions, it must also decide whether details of the changed conditions must be recorded in the register for the period for which the conditions are in force. (3) The board must decide not to record details of the changed conditions in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details. Subdivision 2—Recording change, or removal, of conditions 101 Amendment of, or replacing, certificates of general registration (1) This section applies if— (a) a general registrant receives an information notice, under section 95(4)(b), about decisions relating to a change of the conditions of the registration; or (b) a general registrant receives a notice, under section 95(5), about a decision to remove the conditions of the registration; or (c) the board is taken, under section 98 or 99, to have decided to remove the conditions of a general registration. (2) The registrant must return the certificate of general registration to the board— (a) if subsection (1)(a) or (b) applies—within 14 days after receiving the notice, unless the registrant has a reasonable excuse; or (b) if subsection (1)(c) applies—within 14 days after the day the registrant actually becomes aware of the removal. Maximum penalty—10 penalty units. (3) On receiving the certificate, the board must— (a) amend the certificate in an appropriate way and return the amended certificate to the registrant; or (b) if the board does not consider it practicable to amend the certificate, issue another certificate of general registration to the registrant to replace the certificate returned to the board. Dunk WNe aon nun & W NRO 22 24 26 28 s 102 64 s 103 Dental Technicians and Dental Prosthetists Registration Bill 2001 Division 8—Special purpose registrations Subdivision 1—Applications for special purpose registration 102 Undertaking of special activities relating to the profession A person may obtain special purpose registration to undertake 1 or more of the following activities (the "special activities") relating to a profession— (a) study or train at postgraduate level; (b) teach; (c) engage in research; (d) give clinical demonstrations. 103 Application of divs 2 and 3 (1) For a person being registered as a special purpose registrant, division 2, other than subdivisions 2, 6 and 7 and section 52(3) and (4), and division 39 apply as if— (a) an application for general registration were an application for special purpose registration; and (b) an applicant for general registration were an applicant for special purpose registration; and (c) a general registration were a special purpose registration; and (d) a general registrant were a special purpose registrant; and (e) a certificate of general registration were a certificate of special purpose registration; and (f) a provisional general registrant were a provisional special purpose registrant; and 29 Division 2 (Applications for general registration), subdivisions 2 (Eligibility for general registration), 6 (Period of general registration) and 7 (Conditions of general registration) and section 52 (Steps to be taken after application decided) and division 3 (Provisional general registration) oo Om NY DANK W aan Co ON DN BWHY N Co NN Ne NN RW s 104 65 s 105 Dental Technicians and Dental Prosthetists Registration Bill 2001 (g) a provisional general registration were a provisional special purpose registration; and (h) acertificate of provisional general registration were a certificate of provisional special purpose registration. (2) The approved form for a certificate of special purpose registration, or provisional special purpose registration, must also provide for the inclusion of details of the special activity for which the registrant is registered. 104 Eligibility An applicant for special purpose registration in a profession is eligible for special purpose registration in the profession if the applicant— (a) has a qualification required for special purpose registration in the profession; and (b) is a suitable person to be a special purpose registrant. 105 Qualifications for special purpose registration (1) An applicant for special purpose registration in a profession has a qualification required for special purpose registration in the profession if the applicant is the holder of a qualification in the profession recognised by the board. (2) In deciding whether to recognise the qualification, the board may have regard to the following— (a) whether the course leading to the qualification has been accredited by an entity responsible for accrediting courses for the profession; (b) whether the educational institution conferring or awarding the qualification has been accredited by an entity responsible for accrediting institutions to educate persons for the profession; (c) the advice and recommendations of an entity recognised by the board as competent to assess qualifications in the profession. & WwW ANNUM & ararnn 222528 s 106 66 s 108 Dental Technicians and Dental Prosthetists Registration Bill 2001 106 Suitability to be a special purpose registrant In deciding whether an applicant for special purpose registration in a profession is a suitable person to be a special purpose registrant in the profession, the board may have regard to the following— (a) whether the applicant has been convicted of an indictable offence; (b) whether the applicant has been convicted of an offence against the repealed Act, this Act, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; (c) if the applicant has been registered under this Act or the repealed Act in the profession or is, or has been, registered under a corresponding law in the profession and the registration was affected— (i) by the imposition of a condition—the nature of the condition and the reason for its imposition; or (ii) by its suspension or cancellation—the reason for its suspension or cancellation; or (iii) in another way—the way it was affected and the reason for it being affected; (d) any other issue relevant to the applicant's ability to undertake the special activity the subject of the application. 107 Period of special purpose registration If the board decides to register the applicant as a special purpose registrant, the registration remains in force for the period, not more than 1 year, decided by the board when deciding to register the applicant as a special purpose registrant. 108 Imposition of conditions by board (1) The board may decide to register the applicant as a special purpose registrant on conditions the board considers necessary or desirable for the applicant to competently and safely undertake the special activity the subject of the application. oon nun BRWN Fo OD ND NHK WNK CO Nw 2426 2931 s 109 67 s 110 Dental Technicians and Dental Prosthetists Registration Bill 2001 (2) If the board decides to register the applicant as a special purpose registrant on conditions, it must as soon as practicable give the applicant an information notice about the decision. 109 Contravention of conditions A special purpose registrant must not contravene a condition of the registration imposed under this Act. Maximum penalty—100 penalty units. Subdivision 2—Renewal of special purpose registrations 110 Application of div 4, sdivs 2 and 3 For renewing a special purpose registration, division 4, subdivisions 2 and 3, other than sections 70(5)(a) and 75(3)*° and the provisions to the extent to which they relate to recency of practice requirements, apply as if— (a) an application for the renewal of a general registration were an application for the renewal of a special purpose registration; and (b) an applicant for the renewal of a general registration were an applicant for the renewal of a special purpose registration; and (c) an applicant's general registration were an applicant's special purpose registration; and (d) a general registrant were a special purpose registrant; and (e) a certificate of general registration were a certificate of special purpose registration. 30 Division 4 (Renewal of general registrations), subdivisions 2 (Applications for renewal of general registrations) and 3 (Decision on applications), sections 70 (Procedural requirements for applications) and 75 (Steps to be taken after application decided) WNre NAN # COD AND NH WNFr CO N Co NN Ne s111 68 s114 Dental Technicians and Dental Prosthetists Registration Bill 2001 111 Matters that may be considered in deciding whether to renew special purpose registrations In deciding whether to renew a special purpose registration, the board may have regard to the matters to which the board may have regard in deciding whether a proposed special purpose registrant is a suitable person to be a special purpose registrant.3! 112 Imposition of conditions by board (1) The board may decide to renew a special purpose registration on conditions the board considers necessary or desirable for the registrant to competently and safely undertake the special activity the subject of the registration. (2) If the board decides to renew a special purpose registration on conditions, it must as soon as practicable give the registrant an information notice about the decision. (3) To remove doubt, it is declared that any conditions attaching to the registration immediately before its renewal do not continue to apply to the registration on its renewal. 113 Period of renewed special purpose registration If the board decides to renew a special purpose registration, the registration remains in force for the period, not more than | year, decided by the board when deciding to renew the registration. Subdivision 3—Cancellation of special purpose registrations 114 Application of div 6 For cancelling a special purpose registration, division 6, other than sections 83 and 84(2)(d), applies as if32— (a) a general registration were a special purpose registration; and 31 See section 106 (Suitability to be a special purpose registrant) for a list of the matters. 32 Division 6 (Cancellation of general registrations), sections 83 (Ground for cancellation) and 84 (Show cause notice) DunkwW Ne ~ \o eo NADN BWN FO 21 25 s115 69 s 116 Dental Technicians and Dental Prosthetists Registration Bill 2001 (b) a certificate of general registration were a certificate of special purpo se registration. 115 Grounds for cancellation Each of the registration— following is a ground for cancelling a special purpose (a) the registrant has practised the profession to which the registration relates other than for the special activity for which the registrant is registered; (b) the registrant has been convicted of an indictable offence; (c) the registrant has been convicted of an offence against this Act, corres the Health Practitioners (Professional Standards) Act 1999 or a ponding law; (d) the registrant has contravened a condition of the registration; (e) the registrant was registered because of a materially false or misleading representation or declaration. 116 Removal (1) This secti Subdivision 4—Removal of conditions on applies if the board reasonably believes the conditions imposed on a special purpose registration under this Act are no longer necessary or desirable for the registrant to competently and safely undertake the special activity the subject of the registration. (2) The board (3) The board must decide to remove the conditions. must give the registrant notice of the decision as soon as practicable after it is made. (4) The registrant must return the certificate of special purpose registration to t he board within 14 days after receiving the notice, unless the registrant has a reasonable excuse. Maximum pena ty—10 penalty units. (5) On receiving the certificate, the board must— (a) amend the certificate in an appropriate way and return the amended certificate to the registrant; or Ne C0 OND NH Ww nk WwW NRO 21 24 2629 31 s117 70 s119 Dental Technicians and Dental Prosthetists Registration Bill 2001 (b) if the board does not consider it practicable to amend the certificate—issue another certificate of special purpose registration to the registrant to replace the certificate returned to the board. (6) The removal takes effect when notice of the decision is given to the registrant and does not depend on the certificate of special purpose registration being amended to record the removal or a replacement certificate of special purpose registration being issued. Division 9—General provisions about registrations 117 Person is taken to be registered under this part (1) This section applies if, under this Act, an entity decides to— (a) register a person in a profession; or (b) restore a person's registration in a profession. (2) The person is taken to be registered under this part in the profession. 118 Surrender of registrations (1) A registrant may surrender the registration by notice given to the board. (2) The surrender takes effect— (a) on the day the notice is given to the board; or (b) if a later day of effect is stated in the notice, on the later day. (3) The registrant must return the certificate of registration to the board within 14 days after the day the surrender takes effect, unless the registrant has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. 119 Effect on dental prosthetics registration if registration as dental technician ceases to have effect (1) This section applies if a dental prosthetist's general registration as a dental technician ends under this Act. CADN BPWNeK Oo - WN oO NNN 2226 28 s 120 71 s 120 Dental Technicians and Dental Prosthetists Registration Bill 2001 (2) The registrant's general registration or provisional general registration as a dental prosthetist ends on the same day (the "effective day"') as the day the general registration as a dental technician ends. (3) Subsection (2) applies despite section 71.% (4) If the registrant's general registration as a dental technician is cancelled by the board, the information notice given to the registrant about the decision to cancel the registration must also include a direction to the registrant to return the certificate of general registration or certificate of provisional general registration as a dental prosthetist within 14 days after the effective day. (5) The registrant must return the certificate to the board within 14 days after the effective day, unless the registrant has a reasonable excuse. Maximum penalty for subsection (5)—10 penalty units. 120 Replacement of certificates of registration (1) A registrant may apply to the board for the replacement of the certificate of registration if it has been lost, stolen, destroyed or damaged. (2) The board must consider the application and decide to grant, or refuse to grant, the application. (3) The board must decide to grant the application if it is satisfied the certificate has been lost, stolen or destroyed, or damaged in a way to require its replacement. (4) If the board decides to grant the application, it must on payment of the fee prescribed under a regulation— (a) replace the lost, stolen, destroyed or damaged certificate with another certificate of registration; and (b) give the replacement certificate of registration to the applicant. (5) If the board decides to refuse to grant the application, it must as soon as practicable give the applicant an information notice about the decision. 33 Section 71 (General registration taken to be in force while application is considered) - WNre COWDAIDN aon nn 21 23 25 28 $121 72 s 124 Dental Technicians and Dental Prosthetists Registration Bill 2001 121 Certified copy of certificates of registration A registrant may, on payment of the fee prescribed under a regulation, obtain from the board a certified copy of the certificate of registration. 122 Notification of change in circumstances A registrant must, within 21 days after the happening of a change in the registrant's circumstances prescribed under a regulation, advise the board of the change. Maximum penalty—10 penalty units. 123 Decision about recording certain conditions in register (1) This section applies if a person holds general registration as a dental technician and dental prosthetist and— (a) conditions ("health conditions") are imposed under this Act on the registrant's general registration as a dental technician because of the registrant's mental or physical health; or (b) the health conditions (the "changed health conditions") are changed under this Act. (2) The decision made, under this Act, about recording details of the health conditions or changed health conditions in the register applies in the same way to the same conditions attaching to the registrant's general registration as a dental prosthetist. 124 Notification of certain events to interstate regulatory authorities and other entities (1) This section applies if— (a) a person's general registration or special purpose registration is cancelled under this Act; or (b) conditions are imposed, under this Act, on a person's general registration or special purpose registration; or (c) conditions on a person's general registration or special purpose registration are removed under this Act. onan £ Wn a) COmMN AN BWN N 23 25 27 29 s 124 73 s 124 Dental Technicians and Dental Prosthetists Registration Bill 2001 (2) As soon as practicable after an event mentioned in subsection (1) happens, the board must give notice about the event to each interstate regulatory authority with which the board is aware the person is registered. (3) Also, the board may give notice about the event to any of the following— (a) (b) ©) (d) () (f) (g) (h) (i) Gi) the chief executive; other State regulatory authorities; foreign regulatory authorities; professional colleges of which the person is eligible to be a member; professional associations of which the person is eligible to be a member; an employer of the person; the Health Insurance Commission; the Health Rights Commissioner; the Minister; another entity having a connection with the person's practice as a general or special purpose registrant. (4) However, the board must not give a notice about the event to an entity under subsection (3) unless the board reasonably believes— (a) (b) the entity needs to know about the event; and giving the entity notice about the event will assist in achieving the objects of this Act. (5) A notice under this section may include the information the board considers appropriate in the circumstances. (6) In this section— "impose", a condition, does not include confirm the condition. "State regulatory authorities" means boards established under the health practitioner registration Acts. \o o ~ an nas WNe Oo ow on lo nn & ww NR NY Wy — NN WN Nw ns Ny wv nN Oo NW Nemec) s 125 74 s 125 Dental Technicians and Dental Prosthetists Registration Bill 2001 PART 4— OBLIGATIONS OF REGISTRANTS AND OTHER PERSONS Division 1—Restricted titles and holding out 125 Taking of restricted titles etc. (1) A person who is not a registrant in a profession must not take or use a restricted title for the profession. Maximum penalty—1 000 penalty units. Examples of an individual taking or using a restricted title— 1. 2. AB describes himself or herself as 'AB, dental technician'. AB describes himself or herself as 'AB, dental prosthetist'. Examples of a corporation taking or using a restricted title— 1. 2. 3. ABC Pty Ltd describes itself as 'ABC Pty Ltd, dental technicians'. ABC Pty Ltd describes itself as 'ABC Pty Ltd, dental prosthetists'. A corporation having a restricted title as part of its name. (2) Subsection (1) does not apply to a person if— (a) (b) the person takes or uses a restricted title for a profession as part of a business name for a business providing professional services in the profession; and in the carrying on of the business by the person, a registrant in the profession provides professional services in the profession. (3) Also, subsection (1) does not apply to a person if— (a) (b) the person is undertaking study or training in the practice of a profession to obtain a qualification for registration in the profession; and the person takes or uses a restricted title for the profession, in the course of the study or training, in conjunction with words that indicate the person is a student or trainee in the profession. (4) A person (the "first person'') must not, in relation to another person who the first person knows, or ought reasonably to know, is not a registrant in a profession, use a restricted title for the profession. Maximum penalty—1 000 penalty units. (5) Subsection (4) does not apply if— OMANI DN Ff SCO WIND NA PWNKY CO NY WY — NNN BRWN Now UDAN WNW oun Ww WwW No = s 126 75 s 126 Dental Technicians and Dental Prosthetists Registration Bill 2001 (a) the other person is undertaking study or training in the practice of a profession to obtain a qualification for registration in the profession; and (b) the first person takes or uses a restricted title for the profession in relation to the other person, in the course of the study or training, in conjunction with words that indicate the other person is a student or trainee in the profession. (6) A person who is not a registrant in a profession must not take or use a title (other than a restricted title), name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (a) if the profession is the dental technology profession, the person is a dental technician; or (b) if the profession is the dental prosthetics profession, the person is a dental prosthetist; or (c) the person is authorised or qualified to practise the profession. Maximum penalty—500 penalty units. (7) A person (the "first person'') must not, in relation to another person who the first person knows, or ought reasonably to know, is not a registrant in a profession, use a title (other than a restricted title), name, initial, symbol, word or description that, having regard to the circumstances in which it is used, indicates or could reasonably be understood to indicate— (a) if the profession is the dental technology profession, the other person is a dental technician; or (b) if the profession is the dental prosthetics profession, the other person is a dental prosthetist; or (c) the other person is authorised or qualified to practise the profession. Maximum penalty—500 penalty units. (8) In this section the terms 'dental technician' and 'dental prosthetist' are not limited by the meanings of the terms in the dictionary in schedule 4. 126 Claims by persons as to registration A person who is not a registrant in a profession must not— OD NDUNH WNR N CSCOmMm AN HD NF WN KO NN Ne NN RW NN nun NN aon N \o Ww a) 33 $127 76 s 128 Dental Technicians and Dental Prosthetists Registration Bill 2001 (a) claim, or hold himself or herself out, to be registered under this Act in the profession; or (b) allow himself or herself to be held out as being registered under this Act in the profession; or (c) claim, or hold himself or herself out, to be eligible to be registered under this Act in the profession. Maximum penalty—1 000 penalty units. 127 Claims by persons as to other persons' registration A person must not hold out another person as being registered under this Act in a profession if the person knows, or ought reasonably to know, the other person is not registered under this Act in the profession. Maximum penalty—1 000 penalty units. Example— A person carrying on a business providing dental prosthetic services must not hold out that an employee of the person is a dental prosthetist if the person knows the employee is not a dental prosthetist. 128 Restrictions on special purpose registrants, provisional general registrants and provisional special purpose registrants (1) A person who is a special purpose registrant or provisional special purpose registrant must not— (a) claim, or hold himself or herself out, to be a general registrant or provisional general registrant; or (b) allow himself or herself to be held out as being a general registrant or provisional general registrant; or (c) claim, or hold himself or herself out, to be eligible to be a general registrant or provisional general registrant. Maximum penalty—100 penalty units. (2) A person who is a provisional general registrant must not— (a) claim, or hold himself or herself out, to be a general registrant; or (b) allow himself or herself to be held out as being a general registrant; or oo NY DWN BW NK AN WN FO 22 24 26 2831 s 129 71 s 130 Dental Technicians and Dental Prosthetists Registration Bill 2001 (c) claim, or hold himself or herself out, to be eligible to be a general registrant. Maximum penalty—100 penalty units. (3) A person who is a provisional special purpose registrant must not— (a) claim, or hold himself or herself out, to be a special purpose registrant; or (b) allow himself or herself to be held out as being a special purpose registrant; or (c) claim, or hold himself or herself out, to be eligible to be a special purpose registrant. Maximum penalty—100 penalty units. 129 Restrictions on registrants registered on conditions A registrant who is registered on conditions must not— (a) claim, or hold himself or herself out, to be registered without the conditions or any conditions; or (b) allow himself or herself to be held out as being registered without the conditions or any conditions. Maximum penalty—100 penalty units. Division 2—Notification of business names and other details 130 Notification of business names etc. (1) A registrant must, before carrying on a business providing professional services under a business name other than the registrant's own name, give the board notice of the business name. Maximum penalty—10 penalty units. (2) Subsection (1) applies whether or not the business name is registered under the Business Names Act 1962. (3) An individual who is not a registrant must, before carrying on a business providing professional services, give the board notice of— (a) the business name of the business (whether or not the name is registered under the Business Names Act 1962); and 0 ON AN FW NK CAND NHK W WY 2226 28 30 s 131 78 s 132 Dental Technicians and Dental Prosthetists Registration Bill 2001 (b) the name and address of the individual. Maximum penalty—10 penalty units. (4) A corporation must, before carrying on a business providing professional services, give the board notice of— (a) the business name of the business (whether or not the name is registered under the Business Names Act 1962); and (b) the name and principal address of the corporation; and (c) the names and addresses of— (i) if the corporation is a corporation under the Corporations Law—the directors of the corporation; or (ii) if the corporation is not a corporation under the Corporations Law—the members of the governing body of the corporation. Maximum penalty for subsection (4)—S0 penalty units. 131 Notification of change in business names etc. (1) This section applies if— (a) a person has given the board a notice under section 130; and (b) there is a change in the information contained in the notice. (2) The person must, within 14 days after the happening of the change, give the board notice of the change. Maximum penalty—10 penalty units. (3) The person does not commit an offence against section 130 during the period of 14 days after the happening of the change if the person complies with subsection (2). Division 3—Advertising 132 Obligations of advertisers (1) A person must not advertise a professional service, or a business providing professional services, in a way that— Co WN AN BPW NY BR WNF CO 28 s 133 79 s 133 Dental Technicians and Dental Prosthetists Registration Bill 2001 (a) is false, misleading or deceptive or is likely to be misleading or deceptive; or Example for paragraph (a)— An advertisement that contains a false claim about the beneficial outcome of a professional service. (b) offers a discount, gift or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms of the offer; or (c) refers to, uses or cites actual or purported endorsements or testimonials about the service or business, or a registrant; or (d) is disparaging of— (i) a professional service provided by another person; or (ii) a business providing professional services; or (iii) a registrant. Maximum penalty—200 penalty units. (2) A person must not advertise a professional service that the person knows or ought reasonably to know will, or is likely to, harm a person to whom it is provided. Maximum penalty—200 penalty units. (3) A person must not advertise a registrant's expertise in a field of practice of the profession to which the registrant's registration relates unless the registrant has the skills, knowledge, training or qualifications necessary to practise in the field. Maximum penalty—200 penalty units. (4) A printer or publisher does not commit an offence against subsection (1), (2) or (3) merely by, as part of his or her business, printing or publishing an advertisement for another person. 133 Information to appear in advertisements (1) A person must not advertise a professional service, or a business providing professional services, unless— (a) if a registrant provides the service, or carries on the business, under a business name that is the registrant's own name—the registrant's name is stated in the advertisement; or © AND NAW NR CID MN FW NY KF CO \o NNNW WNrRO N & Now UDAN 30 32 s 134 80 s 135 Dental Technicians and Dental Prosthetists Registration Bill 2001 (b) otherwise—the business name notified to the board under section 130(1), (3) or (4) is stated in the advertisement. Maximum penalty—S0 penalty units. (2) A printer or publisher does not commit an offence against subsection (1) merely by, as part of his or her business, printing or publishing an advertisement for another person. Division 4—Registrants' autonomy 134 Aiding and abetting etc. conduct that is a ground for disciplinary action (1) A person must not aid, abet, counsel, procure or induce a registrant to engage in conduct that the person is aware, or ought reasonably be aware, is conduct forming the basis for a ground for disciplinary action against a registrant mentioned in the Health Practitioners (Professional Standards) Act 1999, section 124(1).*4 Maximum penalty—1 000 penalty units. (2) To remove doubt, it is declared that a registrant may be induced by threats or promises. Division 5—Court orders and injunctions 135 Persons may be prohibited from supplying health services etc. (1) This section applies if a person is convicted of an offence against section 125, 126, 127, 132(1)(a), (2) or (3), 134(1) or 138.35 (2) The court sentencing the person for the offence may, on its own initiative or the application of the prosecutor, make an order under subsection (3) or (5). 34 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for disciplinary action) 35 Section 125 (Taking of restricted titles etc.), 126 (Claims by persons as to registration), 127 (Claims by persons as to other persons' registration), 132 (Obligations of advertisers), 134 (Aiding, abetting etc. conduct that is a ground for disciplinary action) or 138 (Offence for taking reprisal) Dunk W Ne \o eo AUD NN BWNr OO 21 23 s 136 81 s 136 Dental Technicians and Dental Prosthetists Registration Bill 2001 (3) The court may make an order, applying for a period decided by the court— (a) prohibiting the person from providing, or carrying on or managing a business providing, a health service; or (b) prohibiting the person from having a financial interest in a business providing a health service; or (c) if the person is a corporation, prohibiting an executive officer of the corporation, who was in a position to influence the conduct of the corporation in relation to the offence, from managing a corporation that carries on a business providing a health service. (4) For subsection (3)(c), a person manages a corporation if the person is a director, or is in any way concerned in or takes part in the management of, the corporation. (5) Also, the court may make an order, applying for a period decided by the court— (a) prohibiting the person from entering into commercial arrangements with a person who provides, carries on or manages a business providing, a health service; or (b) if the person is a corporation, prohibiting an executive officer of the corporation, who was in a position to influence the conduct of the corporation in relation to the offence, from entering into commercial arrangements with a person who provides, carries on or manages a business providing, a health service. (6) An order under subsection (3) or (5) may apply generally or be limited in its application by reference to specified conditions, exceptions or factors. (7) A reference in subsection (5) to a person entering into commercial arrangements includes the entering into commercial arrangements on behalf of another person. (8) A person must not contravene an order under subsection (3) or (5). Maximum penalty for subsection (8)—1 000 penalty units. 136 Injunctions (1) This section applies if— (a) aperson (the "offending party")— COMA DN BPW NK NO CSCO OAANAD NL WNFY CO NNW WN NNW Nn Nwuny own 31 33 s 136 82 s 136 Dental Technicians and Dental Prosthetists Registration Bill 2001 (i) has engaged, is engaging or is proposing to engage in conduct; or (ii) has failed, is failing or is proposing to fail to do anything; and (b) the conduct or failure constituted, constitutes or would constitute a contravention of section 125, 126, 127, 132(1)(a), (2) or (3) or 134(1). (2) Application may be made to the court under this section for an injunction in relation to the conduct or failure. (3) The application may be made by the board or a person authorised in writing by the board. (4) The court may grant an interim injunction under this section until the application is finally decided. (5) On considering the application for the injunction, the court may— (a) in a case to which subsection (1)(a)(i) applies—grant an injunction restraining the offending party from engaging in the conduct concerned and, if in the court's opinion it is desirable to do so, requiring the offending party to do anything; or (b) in a case to which subsection (1)(a)(ii) applies—grant an injunction requiring the offending party to do the thing concerned. (6) The court may grant the injunction— (a) if the court is satisfied that the offending party has engaged in the conduct, or failed to do the thing, mentioned in subsection (1), whether or not it appears to the court that the offending party intends— (i) to engage again, or continue to engage, in the conduct; or (ii) to again fail, or continue to fail, to do the thing; or (b) if it appears to the court that, if the injunction is not granted, it is likely that the offending party will engage in the conduct, or fail to do the thing, mentioned in subsection (1), whether or not the offending party has previously engaged in the conduct or failed to do the thing. (7) The court may grant the injunction on the terms the court considers appropriate. Com ND BPW NK CIDN fF WN KO 22 2426 28 303235 s 137 83 s 137 Dental Technicians and Dental Prosthetists Registration Bill 2001 (8) Also, the court may grant an injunction requiring the offending party to take stated action (including action to disclose information or publish advertisements) to remedy any adverse effects of the offending party's conduct or failure. (9) The court may discharge an injunction granted under this section at any time. (10) The powers conferred on the court by this section are in addition to, and do not limit, any other powers of the court. (11) In this section— "court" means— (a) if proceedings for an offence relating to the conduct or failure are pending in a Magistrates Court—the Magistrates Court; or (b) in any case—the District Court. Division 6—Reprisals 137 Reprisal and grounds for reprisals (1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that— (a) anybody has given, or may give, information or assistance to the board or an inspector about a person's alleged contravention of division | or section 132(1)(a), (2) or (3) or 134(1);76 or (b) anybody has given, or may give, evidence to the court in proceedings for an _ offence against division 1 or section 132(1)(a), (2) or (3) or 134(1). (2) An attempt to cause detriment includes an attempt to induce a person to cause detriment. (3) A contravention of subsection (1) is a reprisal or the taking of a reprisal. (4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal. 36 Division 1 (Restricted titles and holding out), section 132 (Obligations of advertisers) or 134 (Aiding, abetting etc. conduct that is a ground for disciplinary action) 0 ON DN FWNeR Ww Nr Oo NO COMA NN MN 2225 27 29 s 138 84 s 140 Dental Technicians and Dental Prosthetists Registration Bill 2001 (5) For the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission. 138 Offence for taking reprisal A person who takes a reprisal commits an offence. Maximum penalty—167 penalty units or 2 years imprisonment. 139 Damages entitlement for reprisal (1) A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result. (2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal. (3) If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury. Division 7—Other provisions 140 Payment, or acceptance of payment, for referrals prohibited (1) This section applies to a registrant, or a person carrying on a business providing professional services, (the "service provider''). (2) The service provider must not, directly or indirectly, pay an amount or give another benefit, or attempt to pay an amount or give another benefit, to a person in return for the person referring another person to the service provider or service provider's business. Maximum penalty—200 penalty units. (3) The service provider must not, directly or indirectly, accept payment or another benefit for referring a user of the professional services provided by the service provider, or service provider's business, to a person providing, or carrying on a business providing, a health service. Maximum penalty for subsection (3)—200 penalty units. BRWNe Nn wn RW NR CO on a 22 2527 s141 85 s 145 Dental Technicians and Dental Prosthetists Registration Bill 2001 PART 5—INVESTIGATION AND ENFORCEMENT Division 1—Inspectors 141 Functions of inspectors An inspector has the function of conducting investigations and inspections to enforce compliance with this Act. 142 Powers of inspectors For this Act, an inspector has the powers given to the person under this Act. 143 Limitation on powers of inspectors The powers of an inspector may be limited under a condition of appointment. Division 2—Appointment of inspectors and other matters 144 Appointments The board may appoint the following persons as an inspector— (a) amember; (b) the executive officer; (c) if the executive officer has agreed to the appointment, a member of the office's staff the board considers has the necessary expertise or experience to be an inspector; (d) another person the board considers has the necessary expertise or experience to be an inspector. 145 Appointment conditions (1) An inspector holds office on the conditions stated in the instrument of appointment. ns on Po OMN DUN fF W Nw 24 s 146 86 s 148 Dental Technicians and Dental Prosthetists Registration Bill 2001 (2) An inspector ceases holding office— (a) if the appointment provides for a term of appointment—at the end of the term; or (b) if the conditions of appointment provide—on ceasing to hold another office (the "main office") stated in the appointment conditions. (3) An inspector may resign by signed notice of resignation given to the board. (4) However, an inspector may not resign from the office of inspector (the "secondary office'') if a condition of the inspector's employment to the main office requires the inspector to hold the secondary office. 146 Identity cards (1) The board must give an identity card to each inspector. (2) The identity card must— (a) contain a recent photograph of the inspector; and (b) be signed by the inspector; and (c) identify the person as an inspector for this Act; and (d) include an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and other Acts. 147 Failure to return identity card A person who ceases to be an inspector must return the person's identity card to the chairperson within 7 days after the person ceases to be an inspector, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. 148 Production or display of inspector's identity card (1) An inspector may exercise a power in relation to someone else (the "other person") only if the inspector— (a) first produces the inspector's identity card for the other person's inspection; or 0 ON DANK WN COU WN DUN FW WN N 2328 30 s149 87 s 150 Dental Technicians and Dental Prosthetists Registration Bill 2001 (b) has the identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for the other person's inspection at the first reasonable opportunity. Division 3—Powers of inspectors Subdivision 1—Entry of places 149 Power to enter places (1) An inspector may enter a place if— (a) its occupier consents to the entry; or (b) it is a public place and the entry is made when the place is open to the public; or (c) the entry is authorised by a warrant. (2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier's consent or a warrant— (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. Subdivision 2—Procedure for entry 150 Entry with consent (1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 149(1)(a). (2) Before asking for the consent, the inspector must tell the occupier— (a) the purpose of the entry; and DANnhwW Ne FOO ON AUN Ff WN KK CO Nw N N 2528 s151 88 s151 Dental Technicians and Dental Prosthetists Registration Bill 2001 (b) that the occupier is not required to consent. (3) If the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent. (4) The acknowledgment must state— (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) the purpose of the entry; and (c) the occupier gives the inspector consent to enter the place and exercise powers under this part; and (d) the time and date the consent was given. (5) If the occupier signs the acknowledgment, the inspector must immediately give a copy to the occupier. (6) A court must find the occupier of a place did not consent to an inspector entering the place under this part if— (a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 149(1)(a); and (b) an acknowledgment mentioned in subsection (4) is not produced in evidence for the entry; and (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry. 151 Application for warrant (1) An inspector may apply to a magistrate for a warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application to be given by statutory declaration. oOo mnt Dn FB WN CID NH WH KF CO 22 24 26 2832 s 152 89 s 153 Dental Technicians and Dental Prosthetists Registration Bill 2001 152 Issue of warrant (1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting — (a) there is a particular thing or activity (the "evidence") that may provide evidence of an offence against this Act; and (b) the evidence is at the place, or may be at the place within the next 7 days. (2) The warrant must state— (a) that a stated inspector may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the inspector's powers under this part; and (b) the offence for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the place may be entered; and (e) the date, within 14 days after the warrant's issue, the warrant ends. 153 Special warrants (1) An inspector may apply for a warrant (a "special warrant'') by phone, fax, radio or another form of communication if the inspector considers it necessary because of — (a) urgent circumstances; or (b) other special circumstances, including, for example, the inspector's remote location. (2) Before applying for the special warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (3) The inspector may apply for the special warrant before the application is sworn. (4) After issuing the special warrant, the magistrate must immediately fax a copy (the "facsimile warrant'') to the inspector if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy to the inspector— Oo WAND NH WN AD NU fF WN KF CO 21 24 26 28 30 s 154 90 s 154 Dental Technicians and Dental Prosthetists Registration Bill 2001 (a) the magistrate must tell the inspector— (i) what the terms of the special warrant are; and (ii) the date and time the special warrant was issued; and (b) the inspector must complete a form of warrant (a "warrant form'') and write on it— (i) the magistrate's name; and (ii) the date and time the magistrate issued the special warrant; and (iii) the terms of the special warrant. (6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the special warrant issued. (7) The inspector must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the inspector completed a warrant form, the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the special warrant. (9) A court must find the exercise of the power by an inspector was not authorised by a special warrant if— (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant mentioned in subsection (1); and (b) the special warrant is not produced in evidence; and (c) it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the special warrant. 154 Warrants—procedure before entry (1) This section applies if an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant. (2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— O©0O ON BD UB WN Com ND ON BPW NK OO Nw - oO NNN BRWN N Nn Nw NO 30 32 s 155 91 s 155 Dental Technicians and Dental Prosthetists Registration Bill 2001 (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector's identity card or other document evidencing the inspector's appointment; (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 153(6), a copy of the facsimile warrant or warrant form; (c) tell the person the inspector is permitted by the warrant to enter the place; (d) give the person an opportunity to allow the inspector immediate entry to the place without using force. (3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. Subdivision 3—Powers after entry 155 General powers after entering places (1) This section applies to an inspector who enters a place. (2) However, if an inspector enters a place to get the occupier's consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised. (3) For enforcing compliance with this Act, the inspector may— (a) search any part of the place; or (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or (c) take a thing, or a sample of or from a thing, for analysis or testing; or (d) take an extract from, or copy, a document at the place; or (e) take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this part; or ow NDA BRWNR BRWN FO Nn s 156 92 s 158 Dental Technicians and Dental Prosthetists Registration Bill 2001 (f) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector's powers under paragraphs (a) to (e); or (g) require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with. (4) When making a requirement mentioned in subsection (3)(f) or (g), the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. 156 Failure to help inspector (1) A person required to give reasonable help under section 155(3)(f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. (2) If an individual is required under section 155(3)(f) to give information, or produce a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual. 157 Failure to give information (1) A person of whom a requirement is made under section 155(3)(g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. (2) It is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual. Subdivision 4—Power to seize evidence 158 Seizing evidence at a place that may be entered without consent or warrant An inspector who enters a place that may be entered under this division without the consent of the occupier and without a warrant, may seize a OMANI DUNK WNKR CAIADN FF WNrF CO 212529 31 s 159 93 s 160 Dental Technicians and Dental Prosthetists Registration Bill 2001 thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act. 159 Seizing evidence at a place that may only be entered with consent or warrant (1) This section applies if— (a) an inspector is authorised to enter a place under this division only with the consent of the occupier of the place or a warrant; and (b) the inspector enters the place after obtaining the necessary consent or warrant. (2) If the inspector enters the place with the occupier's consent, the inspector may seize a thing at the place if— (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier's consent. (3) If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued. (4) The inspector also may seize anything else at the place if the inspector reasonably believes— (a) the thing is evidence of an offence against this Act; and (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence. (5) Also, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act. 160 Securing seized things Having seized a thing, an inspector may— (a) move the thing from the place where it was seized (the "place of seizure''); or Ne COD ND NW HW COD ND NF WN KO NY NR NY WY wow NY SF Oo NNW Nn 28 30 s 161 94 s 162 Dental Technicians and Dental Prosthetists Registration Bill 2001 (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Examples of restricting access to a thing— 1. Sealing a thing and marking it to show access to it is restricted. 2. Sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted. 161 Tampering with seized things If an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an inspector's approval. Maximum penalty—100 penalty units. 162 Powers to support seizure (1) To enable a thing to be seized, an inspector may require the person in control of it— (a) to take it to a stated reasonable place by a stated reasonable time; and (b) if necessary, to remain in control of it at the stated place for a reasonable time. (2) The requirement— (a) must be made by notice in the approved form; or (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable. (3) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement. (4) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty for subsection (4)—S0 penalty units. Dn BW Ne ~ ow Co ON AN FW WNW N So NNW WN NNW Nn Nwuny own Ww Co s 163 95 s 164 Dental Technicians and Dental Prosthetists Registration Bill 2001 163 Receipts for seized things (1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized. (2) However, if for any reason it is not practicable to comply with subsection (1), the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way. (3) The receipt must describe generally each thing seized and its condition. (4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing's nature, condition and value. 164 Forfeiture of seized things (1) A seized thing is forfeited to the State if the inspector who seized the thing— (a) can not find its owner, after making reasonable inquiries; or (b) can not return it to its owner, after making reasonable efforts; or (c) reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. (2) In applying subsection (1)— (a) subsection (1)(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and (b) subsection (1)(b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (3) If the inspector makes a decision under subsection (1)(c), resulting in the seized thing being forfeited to the State, the inspector must immediately give the owner an information notice for the decision. (4) Subsection (3) does not apply if— (a) the inspector can not find the owner, after making reasonable inquiries; or (b) it is impracticable or would be unreasonable to give the information notice. 0 ON ANF WN s 165 96 s 166 Dental Technicians and Dental Prosthetists Registration Bill 2001 (5) Regard must be had to a thing's nature, condition and value— (a) in deciding— (i) whether it is reasonable to make inquiries or efforts; and (ii) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable; or (b) in deciding whether it would be unreasonable to give the information notice. 165 Forfeiture on conviction (1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of— (a) anything used to commit the offence; or (b) anything else the subject of the offence. (2) The court may make the order— (a) whether or not the thing has been seized; and (b) if the thing has been seized, whether or not the thing has been returned to its owner. (3) The court may make any order to enforce the forfeiture it considers appropriate. (4) This section does not limit the court's powers under the Penalties and Sentences Act 1992 or another law. 166 Dealing with forfeited things etc. (1) On the forfeiture of a thing to the State, the thing becomes the State's property and may be dealt with by the executive officer as the executive officer considers appropriate. (2) Without limiting subsection (1), the executive officer may destroy or dispose of the thing. (3) Despite subsection (1), the executive officer must not deal with the thing in a way that could prejudice the outcome of— (a) an appeal started under section 181(3); or COAI ANB WN Fo ODM ND UN FF WN KO Nw 2427 29 s 167 97 s 169 Dental Technicians and Dental Prosthetists Registration Bill 2001 (b) another appeal, relevant to the thing, of which the executive officer is aware. 167 Return of seized things (1) If a seized thing has not been forfeited, the inspector must return it to its owner— (a) at the end of 6 months; or (b) if. proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding. (2) Despite subsection (1), unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary. 168 Access to seized things (1) Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it. (2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying. Subdivision 5—Power to obtain information 169 Power to require name and address (1) This section applies if— (a) an inspector finds a person committing an offence against this Act; or (b) an inspector finds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act. (2) The inspector may require the person to state the person's name and residential address. COmMArAYI DD NH Ww WNrF © orn AN FF 21 23 2528 s170 98 s171 Dental Technicians and Dental Prosthetists Registration Bill 2001 (3) When making the requirement, the inspector must warn the person it is an offence to fail to state the person's name or residential address, unless the person has a reasonable excuse. (4) The inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address is false. (5) A requirement under subsection (2) or (4) is called a "personal details requirement'. 170 Failure to give name or address (1) A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. (2) A person does not commit an offence against subsection (1) if— (a) the person was required to state the person's name and residential address by an inspector who suspected the person had committed an offence against this Act; and (b) the person is not proved to have committed the offence. 171 Power to require production of documents (1) An inspector may require a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a reasonable time and place nominated by the inspector a document issued to the person under this Act. (2) The inspector may keep the document to copy it. (3) The inspector must return the document to the person as soon as practicable after copying it. (4) While the document is in the inspector's possession, the inspector must allow it to be inspected or copied, at a reasonable time, by a person who would be entitled to inspect or copy it were it not in the inspector's possession. (5) A requirement under subsection (1) is called a "document production requirement'. CN ANF WNeE an) NY ANH W WY 2125 2729 31 s172 99 s174 Dental Technicians and Dental Prosthetists Registration Bill 2001 172 Failure to produce document (1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. (2) It is not a reasonable excuse for an individual not to comply with a document production requirement if complying with the requirement might tend to incriminate the individual. 173 Power to require information (1) This section applies if an inspector reasonably believes— (a) an offence against this Act has been committed; and (b) aperson may be able to give information about the offence. (2) The inspector may, by notice given to the person, require the person to give information, including a document, about the offence to the inspector at a stated reasonable time and place. (3) The person must comply with a requirement under subsection (2), unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. (4) For this section, it is a reasonable excuse for an individual to fail to give information that giving the information might tend to incriminate the individual. Division 4—General enforcement matters 174 Notice of damage (1) This section applies if— (a) an inspector damages property when exercising or purporting to exercise a power; or (b) a person (the "other person') acting under the direction of an inspector damages property. (2) The inspector must immediately give notice of particulars of the damage to the person who appears to the inspector to be the owner of the property. ADM FB WN SCOmMmA ANI DAN PWN KF CO N N — 23 25 27 29 $175 100 s175 Dental Technicians and Dental Prosthetists Registration Bill 2001 (3) If the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector's or other person's control, the inspector may state the belief in the notice. (4) If, for any reason, it is impracticable to comply with subsection (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (5) This section does not apply to damage the inspector reasonably believes is trivial. (6) In this section— "owner'', of property, includes the person in possession or control of it. 175 Compensation (1) A person may claim from the board the cost of repairing or replacing property damaged because of the exercise or purported exercise of a power under any of the following subdivisions of division 3°7— ¢ subdivision 1 (Entry of places) ° subdivision 3 (Powers after entry) ° subdivision 4 (Power to seize evidence). (2) Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision. (3) Compensation may be claimed and ordered to be paid in a proceeding— (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or (b) for an offence against this Act brought against the person claiming compensation. (4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. 37 Division 3 (Powers of inspectors) \o aon Nuns WNe N Coun ~ lo nn BRWN 22 24 26 28 s 176 101 s 178 Dental Technicians and Dental Prosthetists Registration Bill 2001 176 False or misleading information A person must not give information to an inspector the person knows is false or misleading in a material particular. Maximum penalty—S0 penalty units. 177 False or misleading documents (1) A person must not give an inspector a document containing information the person knows is false or misleading in a material particular. Maximum penalty—S0 penalty units. (2) Subsection (1) does not apply to a person if the person, when giving the document— (a) tells the inspector, to the best of the person's ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information, gives the correct information. 178 Obstructing inspectors (1) A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (2) If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— (a) it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and (b) the inspector considers the person's conduct is an obstruction. (3) In this section— "obstruct" includes hinder and attempt to obstruct or hinder. \o ona nn & Wn an) nas wn on Oo 2124 26 s179 102 s 181 Dental Technicians and Dental Prosthetists Registration Bill 2001 179 Impersonation of inspectors A person must not pretend to be an inspector. Maximum penalty—S0 penalty units. PART 6—APPEALS 180 Who may appeal (1) A person (the "'appellant"') who is given, or is entitled to be given, an information notice for a decision (the "original decision'') may appeal against the decision to the District Court.*8 (2) To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. 181 Starting appeals (1) The appeal may be started at— (a) the District Court at the place where the person resides or carries on business; or (b) the District Court at Brisbane. (2) Subsection (1) does not limit the District Court at which the appeal may be started under the Uniform Civil Procedure Rules 1999. (3) The notice of appeal under the Uniform Civil Procedure Rules 1999 must be filed with the registrar of the court within 28 days after— (a) if the appellant is given an information notice for the original decision—the day the appellant is given the notice; or (b) if paragraph (a) does not apply—the day the person otherwise becomes aware of the original decision. (4) The court may, at any time, extend the period for filing the notice of appeal. 38 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the District Court. COND UN Com ND HN FW NY Nw - oO NN WN Nw ns s 182 103 s 183 Dental Technicians and Dental Prosthetists Registration Bill 2001 182 Hearing procedures (1) In deciding the appeal, the court— (a) has the same powers as the person who made the original decision; and (b) is not bound by the rules of evidence; and (c) must comply with natural justice. (2) The appeal is by way of rehearing, unaffected by the original decision, on the material before the person who made the original decision and any further evidence allowed by the court. 183 Powers of court on appeal (1) In deciding the appeal, the court may— (a) confirm the original decision; or (b) amend the original decision; or (c) substitute another decision for the original decision; or (d) set aside the original decision and return the issue to the board with the directions the court considers appropriate. (2) In substituting another decision for the original decision, the court has the same powers as the person who made the original decision. Example— The court may decide that an unsuccessful applicant for general registration be registered either unconditionally or on particular conditions. (3) If the court amends the original decision or substitutes another decision for the original decision, the amended or substituted decision is, for this Act (other than this part) taken to be the decision of the person who made the original decision. (4) If the court decides to impose conditions on a registration, the court must— (a) state the reasons for the decision; and (b) if the registration is a general registration, decide and state the review period applying to the conditions.*? 39 The conditions may be reviewed under part 3 (Registration), division 7 (Reviewing conditions of general registrations). OMANI DN BPW NY eCrNI AUN FF WN KF CO \o NWNONN WY NBRWN RO Nw NO N oo WN ow s 184 104 s 186 Dental Technicians and Dental Prosthetists Registration Bill 2001 (5) If the court decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. (6) The court must decide not to record details of the conditions mentioned in subsection (5) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details. 184 Appointment of assessors (1) If the court is of the opinion that the appeal involves a question of special knowledge and skill, the court may appoint 1 or more assessors who in the court's opinion possess the special qualifications necessary for the particular case to assist the court in its deciding the appeal. (2) An assessor may advise the court on any matter, but all questions of law and fact are to be decided by the court. (3) The court may give the weight to the advice that it considers appropriate. PART 7—LEGAL PROCEEDINGS Division 1—Evidence 185 Application of division This division applies to a proceeding under this Act. 186 Appointments and authority It is not necessary to prove— (a) an inspector's, or member's, appointment; or (b) the executive officer's appointment; or (c) the authority of an inspector, a member, the executive officer or a member of the office's staff to do anything under this Act. OND BWNK AUD NH WNrK OO 21 2325 27 s 187 105 s 188 Dental Technicians and Dental Prosthetists Registration Bill 2001 187 Signatures A signature purporting to be the signature of the Minister, the chairperson, a member, an inspector, the executive officer or a member of the office's staff is evidence of the signature it purports to be. 188 Evidentiary provisions A certificate purporting to be signed by the executive officer and stating any of the following matters is evidence of the matter— (a) a stated document is one of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) a certificate of registration; (iv) arecord, or an extract from a record; (v) the register, or an extract from the register; (b) astated document is another document kept under this Act; (c) astated document is a copy of a thing mentioned in paragraph (a) or (b); (d) ona stated day, or during a stated period, a stated person was or was not a registrant; (e) ona stated day, or during a stated period, a registration— (i) was or was not in force; or (ii) was or was not subject to a stated condition; (f) ona stated day, a registration was cancelled; (g) ona stated day, or during a stated period, an appointment as an inspector was, or was not, in force for a stated person; (h) on a stated day, a stated person was given a stated notice or direction under this Act; (i) onastated day, a stated requirement was made of a stated person. WN ow a on Nn Com ND VN fF W WY Ny NY NY WY Ww Nn &- Oo Nw ns Nw NO N oo s 189 106 s 190 Dental Technicians and Dental Prosthetists Registration Bill 2001 Division 2—Proceedings 189 Indictable and summary offences (1) An offence against section 138" is an indictable offence. (2) Any other offence against this Act is a summary offence. 190 Proceedings for indictable offences (1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— (a) by way of summary proceeding under the Justices Act 1886; or (b) on indictment. (2) A magistrate must not hear an indictable offence summarily if— (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or (b) the magistrate considers the charge should be prosecuted on indictment. (3) If subsection (2) applies— (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and (b) aplea of the person charged at the start of the proceeding must be disregarded; and (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886, section 104(2)(b).*! 40 Section 138 (Offence for taking reprisal) 41 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in relation to an indictable offence) & oo WD ND NN Com ND WN FW NK CO NNNW WNrRO NNW Nn s191 107 s 195 Dental Technicians and Dental Prosthetists Registration Bill 2001 191 Limitation on who may summarily hear indictable offence (1) The proceeding must be before a magistrate if it is a proceeding— (a) for the summary conviction of a person on a charge for an indictable offence; or (b) for an examination of witnesses for a charge for an indictable offence. (2) However, if the proceeding is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991. 192 Limitation on time for starting summary proceedings A proceeding for a summary offence against this Act by way of summary proceeding under the Justices Act 1886 must start— (a) within 1 year after the commission of the offence; or (b) within 6 months after the offence comes to the complainant's knowledge, but within 2 years after the commission of the offence. 193 Allegations of false or misleading information or documents In any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, 'false or misleading'. 194 Penalties to be paid to board All penalties recovered as a result of proceedings for offences against this Act brought by the board must be ordered to be paid to the board. 195 Responsibility for acts or omissions of representatives (1) This section applies in a proceeding for an offence against this Act. (2) If it is relevant to prove a person's state of mind about a particular act or omission, it is enough to show— COMI ANN FW NY ADM FP WN 2125 27 29 s 196 108 s 196 Dental Technicians and Dental Prosthetists Registration Bill 2001 (a) the act was done or omitted to be done by a representative of the person within the scope of the representative's actual or apparent authority; and (b) the representative had the state of mind. (3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative's actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission. (4) In this section— "representative" means— (a) for a corporation—an executive officer, employee or agent of the corporation; or (b) for an individual—an employee or agent of the individual. "state of mind" of a person includes— (a) the person's knowledge, intention, opinion, belief or purpose; and (b) the person's reasons for the intention, opinion, belief or purpose. 196 Executive officers must ensure corporation complies with Act (1) The executive officers of a corporation must ensure the corporation complies with this Act. (2) If a corporation commits an offence against a provision of this Act, each of the corporation's executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the provision. Maximum penalty—the penalty for the contravention of the provision by an individual. (3) Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure the corporation complies with the provision. ODANDN RR WNR oo ND WN kk WN 21 2325 27 2931 s 197 109 s 197 Dental Technicians and Dental Prosthetists Registration Bill 2001 (4) However, it is a defence for an executive officer to prove— (a) (b) if the officer was in a position to influence the conduct of the corporation in relation to the offence, the officer exercised reasonable diligence to ensure the corporation complied with the provision; or the officer was not in a position to influence the conduct of the corporation in relation to the offence. PART 8—REGISTER, RECORDS AND INFORMATION Division 1—Register 197 Register to be kept (1) The board must keep a register about registrants. (2) The register may be kept in the way the board considers appropriate, including, for example, in an electronic form. (3) The register must contain the following details for each registrant— (a) (b) ©) (d) () (f) (g) the registrant's name; an address of the registrant notified by the registrant to the board; the profession in which the registrant is registered; whether the registrant is a general registrant, provisional general registrant, special purpose registrant or provisional special purpose registrant; the qualification relied on by the registrant to obtain registration; if the registrant is a special purpose registrant or provisional special purpose registrant, details of the special activity for which the registrant is registered; if conditions are imposed, under this Act, on the registrant's registration— (i) for conditions imposed because of the registrant's mental and physical health, the details of which it has been decided NAD NABRWN CSCOmAN DUN FF WN KF CO NY WN — NNN BRWN NN nun NN aon s 198 110 s 199 Dental Technicians and Dental Prosthetists Registration Bill 2001 under this Act not to record in the register—the fact that conditions have been imposed; or (ii) otherwise—details of the conditions; (h) any other information required to be recorded in the register under the Health Practitioners (Professional Standards) Act 1999; (i) other details prescribed under a regulation. (4) For subsection (3)(g), the fact or details must be recorded in the register for the period the conditions are in force. 198 Inspection of register (1) The board must— (a) keep the register open for inspection, free of charge, at the office by members of the public during ordinary office hours; and (b) give a person a copy of the register, or a part of it, on payment of the fee prescribed under a regulation. (2) Subsection (1) does not apply to details of the residential address of a registrant, unless the registrant gives notice to the board that he or she agrees to the details being able to be inspected. Division 2—Records to be kept 199 Records (1) The board must keep records of the following details about each registrant or former registrant— (a) if the registration was affected under the Health Practitioners (Professional Standards) Act 1999, details of the way it was affected and the reason for it being affected; (b) if the registration was cancelled under this Act, the fact of, and the reason for, the cancellation; (c) if conditions were, under this Act, imposed on the registration, details of the conditions and the reasons for their imposition; Com A DANK W NK CAD WAH Wh 22 2427 29 s 200 111 s 200 Dental Technicians and Dental Prosthetists Registration Bill 2001 (d) other details prescribed under a regulation. (2) The records must be kept for at least 10 years. Division 3—Information 200 Confidentiality of information (1) This section applies to a person (the "relevant person") who is or was— (a) (b) ©) (d) () (f) a member; or a member of a committee; or appointed by the board to conduct a health assessment of another person; or an inspector; or the executive officer or a member of the office's staff; or otherwise involved in the administration of this Act. (2) This section applies to information about a person obtained by the relevant person in the course of performing the relevant person's functions under this Act. (3) The relevant person must not disclose the information to anyone else. Maximum penalty—100 penalty units. (4) However, the relevant person may disclose the information to someone else— (a) (b) ©) (d) () to the extent necessary to perform the relevant person's functions under or relating to this Act or the Health Practitioners (Professional Standards) Act 1999; or if the disclosure is authorised under this or another Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates agrees to the disclosure; or if the disclosure is in a form that does not disclose the identity of a person; or oO wnnNn AN ont ant WN KF CO 2225 27 29 s 201 112 s 201 Dental Technicians and Dental Prosthetists Registration Bill 2001 (f) if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the register; or (g) if the disclosure is to a foreign regulatory authority and the disclosure is necessary for the authority to perform its functions; or (h) if the disclosure is to the Minister to allow the Minister to act under paragraph (i); or (i) if the Minister considers the disclosure is in the public interest and authorises the relevant person to disclose the information. (5) If the Minister authorises information to be disclosed under subsection (4)(i) about a matter concerning a registrant, the Minister must inform the board of the authorisation and its purpose. (6) In this section— "information", about a person, means— (a) information about the person's health that identifies, or is likely to identify, the person; or (b) information about the person's criminal history obtained under a request under section 45(4). 201 Board's annual report must disclose authorisation (1) This section applies if the board is given information, under section 200(5), in a financial year about an authorisation. (2) The board must include a statement about the authorisation in its annual report under the Financial Administration and Audit Act 1977 for the financial year. (3) The statement must include general details about— (a) the nature of the information disclosed under the authorisation; and (b) the purpose for which the information was disclosed. (4) However, the statement must not identify any person. \o aon Dunst WNe Co on mon nn & WN re 22 2428 30 s 202 113 s 204 Dental Technicians and Dental Prosthetists Registration Bill 2001 PART 9—MISCELLANEOUS Division 1—Abandoned, and other, health records 202 Definitions for div 1 In this division— "health records" means documents, recording the health history, condition and treatment of users of the professional services provided by a person, made in the course of the person's practice of the dental prosthetics profession. "'possess'', a health record, includes having the record under control in any place, whether or not another person has custody of the record. 203 Board may take possession of abandoned health records (1) This section applies if the board suspects on reasonable grounds that health records have been abandoned. (2) The board may take and keep possession of the records to be dealt with under this division. (3) For taking possession of the records, the board may give notice to the occupier of the place where the records are situated to deliver the records to the board to be dealt with under this division. (4) The notice must state that the requirement must be complied with within a period of 14 days after the occupier receives the notice. (5) The occupier must comply with the requirement within the stated period, unless the occupier has a reasonable excuse. Maximum penalty for subsection (5)—S0 penalty units. 204 Health records forming part of deceased estate (1) This section applies if health records form part of a deceased estate. (2) The personal representative of the deceased person concerned may deliver the records into the possession of the board to be dealt with under this division. C0 OND FH WW 25 27 s 205 114 s 207 Dental Technicians and Dental Prosthetists Registration Bill 2001 205 Health records of persons convicted of an offence against s 125(1) or (6) or 126 (1) This section applies to a person who is convicted of an offence against section 125(1) or (6) or 126. (2) The board may give the person notice to deliver health records in the possession or control of the person into the possession of the board to be dealt with under this division. (3) The person must within 14 days after receiving the notice deliver the records into the possession of the board. Maximum penalty—S0 penalty units. (4) If the person does not comply with the notice, the board may take and keep possession of the records. 206 Dealing with certain health records seized under s 158 or 159 (1) This section applies if, under section 158 or 159, an inspector seizes health records that the board may take and keep possession of under section 203 or 205. (2) The inspector must deliver the health records into the possession of the board to be dealt with under this division. (3) Sections 164, 167 and 168" do not apply to health records delivered to the board under subsection (2). 207 How board may deal with health records (1) This section applies if the board takes possession of a health record under this division. (2) The board may— (a) give the record to the person to whom the record relates; or 42 Section 125 (Taking of restricted titles etc.) or 126 (Claims by persons as to registration) 43 Section 158 (Seizing evidence at a place that may be entered without consent or warrant) or 159 (Seizing evidence at a place that may only be entered with consent or warrant) 44 Sections 164 (Forfeiture of seized things), 167 (Return of seized things) and 168 (Access to seized things) Om NADN FW NK Ne SCO ON AWN W N 23 25 s 208 115 s 209 Dental Technicians and Dental Prosthetists Registration Bill 2001 (b) if directed by the person, give the record to a registrant under a health practitioner registration Act chosen by the person; or (c) if the board can not find the person after making reasonable inquiries, keep the record; or (d) if the board can not find the person, after making reasonable inquiries, and decides it is no longer necessary to keep the record, destroy the record. (3) To remove doubt, it is declared that the board is taken to be keeping a health record if another body stores the record on its behalf. 208 Destruction of health records (1) This section applies if the board destroys a health record under section 207(2)(d). (2) Compensation is not recoverable against the board because of the destruction of the record. Division 2—Continuing professional education of registrants 209 Continuing professional education programs (1) The board may develop or recognise a program for the continuing professional education of registrants in a profession. (2) The board must give notice to all registrants in the profession, to whom the program is relevant, of details of the program. (3) The program may state the minimum continuing professional education requirements a registrant in the profession needs to satisfy, in a stated period, to keep up-to-date with developments in the practice of the profession. (4) A registrant who has satisfied the requirements in the stated period may advertise this fact. (5) A registrant who has not satisfied the requirements in the stated period must not advertise that the registrant has satisfied the requirements. Maximum penalty for subsection (5)—S0 penalty units. ow NADU BW NK wn RW NK OO aon a 2224 26 28 s 210 116 s211 Dental Technicians and Dental Prosthetists Registration Bill 2001 Division 3—Declared events 210 Definitions for div 3 In this division— "declaration period" see section 211(3). "declared event"? means an event declared to be a declared event under section 211(1). "interstate law'? means a law of another State that provides for the same matter as this Act. "local practitioner" means a person registered under this Act. "participant" means a person who is officially participating in, or preparing for, a declared event. "prepare" includes the following— (a) train; (b) practise; (c) rehearse; (d) acclimatise. "visiting practitioner", in relation to a declared event, means a person who— (a) is not a local practitioner; and (b) is registered under an interstate law in a profession; and (c) is appointed, employed, contracted or otherwise engaged to provide professional services to a participant in relation to the event. 211 Declaration of events (1) The Minister may, by notice, declare a sporting, cultural or other event to be a declared event for this Act. (2) The notice must be for an event taking place, or to take place, in the State that will or is likely to attract a significant number of participants. (3) The notice must state a period during which the declaration is to remain in force (the "declaration period"'). CoC ON AN FW WN COON HDUN FWY KO N So NNW WN 26 28 30 s 212 117 s 213 Dental Technicians and Dental Prosthetists Registration Bill 2001 (4) The declaration period for the declared event may include a period before or after the declared event takes place. (5) The notice is subordinate legislation. 212 Deemed general registration of visiting practitioners (1) This section applies to a visiting practitioner in relation to a declared event. (2) Subject to subsections (4) and (5), the practitioner is taken to be a general registrant in the profession in which the practitioner is registered under an interstate law, during the declaration period for the event, in relation to the provision of professional services to a participant in the event. (3) The practitioner's deemed general registration under subsection (2) is taken to be subject to any conditions of the practitioner's registration under an interstate law in the profession. (4) Part 3, divisions 4 to 7 and 9*5 do not apply to the practitioner while the practitioner is taken, under subsection (2), to be a general registrant. (5) The practitioner is not taken to be a registrant for the operation of sections 37(1)(b) and 197.4 Division 4—Other provisions 213 Protecting officials from liability (1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the board. (3) In this section— "official"? means— 45 Part 3 (Registration), divisions 4 (Renewal of general registrations), 5 (Restoration of general registrations), 6 (Cancellation of general registrations), 7 (Reviewing conditions of general registrations) and 9 (General provisions about registrations) 46 Sections 37 (Matters to be included in annual report) and 197 (Register to be kept) eS) COomrANI AN #& eon AN BWNHY FO 22 24 26 s214 118 s 216 Dental Technicians and Dental Prosthetists Registration Bill 2001 (a) amember; or (b) acommittee member who is not a board member; or (c) the executive officer; or (d) a person appointed by the board to conduct a health assessment of another person; or (e) an inspector; or (f) person acting under the direction or authority of an inspector. 214 False or misleading information or documents (1) A person must not give information to the board the person knows is false or misleading in a material particular. Maximum penalty—S0 penalty units. (2) A person must not give the board a document containing information the person knows is false or misleading in a material particular. Maximum penalty—S0 penalty units. (3) Subsection (2) does not apply to a person if the person, when giving the document— (a) tells the board, to the best of the person's ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information, gives the correct information. 215 Certificates etc. not to be false or misleading A registrant must not, in the registrant's professional capacity, sign or give to another person, a certificate, notice, report or other document the registrant knows is false or misleading in a material particular. Maximum penalty—S0 penalty units. 216 Application of provisions (1) This section applies if a provision of this Act applies another provision of this Act for a purpose. NY HD nN WN Oo eo SCO ON AN FB WN KF CO N 2328 s217 119 s 219 Dental Technicians and Dental Prosthetists Registration Bill 2001 (2) The other provision, and any definition relevant to the other provision, apply with any necessary changes. (3) Subsection (2) is not limited merely because a provision states how the other provision is to apply. 217 Approval of forms The board may approve forms for use under this Act. 218 Examination fees A person who sits an examination set and administered by the board under this Act must, before sitting the examination, pay the board the fee for the examination prescribed under a regulation. 219 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made about the following— (a) fees, including the refunding of fees, for this Act; (b) imposing a penalty of not more than 20 penalty units for a contravention of a provision of a regulation. (3) Without limiting subsection (2)(a), a regulation may prescribe amounts as fees having regard to the costs of the board performing its functions under, or complying with— (a) an Act in the legislative scheme; or (b) another Act. BW Ne ow COMIN DUN FW NY NY WY - OC s 220 120 s 223 Dental Technicians and Dental Prosthetists Registration Bill 2001 PART 10—REPEAL, TRANSITIONAL AND SAVINGS PROVISIONS Division 1—Repeal 220 Repeal of Dental Technicians and Dental Prosthetists Act 1991 The Dental Technicians and Dental Prosthetists Act 1991 (1991 Act No. 57) is repealed. Division 2—Transitional provisions 221 Definitions for div 2 In this division— "column 1 registration" see section 232(1). "column 2 registration" see section 232(2). "commencement" means commencement of this section. "former board" means the Dental Technicians and Dental Prosthetists Board of Queensland under the repealed Act. "item", followed by a number, in relation to a column 1 or 2 registration, means the column | or 2 registration identified in the table in section 232(1) by the item number. 222 References to repealed Act or former board (1) In an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act. (2) A reference in an Act or document to the former board may, if the context permits, be taken as a reference to the board. 223 Board is the legal successor (1) The board is the successor in law of the former board. (2) Sections 224 to 228 do not limit subsection (1). nMN ADM PW NY KF CO 22 24 s 224 121 s 228 Dental Technicians and Dental Prosthetists Registration Bill 2001 224 Assets and liabilities etc. On the commencement— (a) the assets and liabilities of the former board become assets and liabilities of the board; and (b) any contracts entered into by or on behalf of the former board and all guarantees, undertakings and securities given by or on behalf of the former board, in force immediately before the commencement, are taken to have been entered into or given by or to the board and may be enforced against or by the board; and (c) any property that, immediately before the commencement, was held on trust, or subject to a condition, by the former board continues to be held by the board on the same trusts, or subject to the same condition. 225 Service agreements A service agreement entered into by the former board, in force immediately before the commencement, is taken to have been entered into by the board. 226 Proceedings A proceeding that could have been started or continued by or against the former board before the commencement may be started or continued by or against the board. 227 Dealing with matter under Health Practitioners (Professional Standards) Act 1999 A matter that had started to be, or could have been, dealt with under the Health Practitioners (Professional Standards) Act 1999 by the former board before the commencement may be continued, or started, to be dealt with by the board. 228 Offences (1) Proceedings for an offence against the repealed Act may be continued, or started by the board, and the provisions of the repealed Act and the Medical Act and Other Acts (Administration) Act 1966 necessary OMDAIDN BPW NY WNrRO NAN 21 23 2527 30 s 229 122 s 229 Dental Technicians and Dental Prosthetists Registration Bill 2001 or convenient to be used in relation to the proceedings continue to apply, as if this Act had not commenced. (2) For subsection (1), the Acts Interpretation Act 1954, section 2047 applies, but does not limit the subsection. (3) This section has effect despite the repeal of the Medical Act and Other Acts (Administration) Act 1966. 229 Membership of board (1) From the commencement, the board consists of the existing members. (2) Also, the board may include other persons appointed by the Governor in Council (the "additional members''). (3) However, the first board must not consist of more than 11 members. (4) An existing member holds office as a member until the earlier of the following days— (a) the day the existing member's term of appointment under the repealed Act would have ended if this Act had not commenced; (b) if the existing member vacates office under this Act before the day mentioned in paragraph (a), the day the existing member vacates office. (5) An additional member is to be appointed for a term that ends on or before the day when the existing members' terms of appointment under the repealed Act would have ended if this Act had not commenced. (6) If a person, including an existing member, appointed to the board under this section is a registrant, the person is taken to be a registrant member. (7) The Governor in Council may appoint a person to fill the office of a member of the first board if it is vacant. (8) This section has effect despite sections 15 to 18 and 20.48 (9) In this section— 47 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.) 48 Sections 15 (Membership of board), 16 (Registrant members), 17 (Public members), 18 (Certain nominee board members) and 20 (Term of appointment) Dun BW Ne ~ ow OMANI AN FW NY KO NNW NRO NbNw Nn & WD Nw NO NY wv \o @w s 230 123 s 231 Dental Technicians and Dental Prosthetists Registration Bill 2001 "existing member" means a person who, immediately before the commencement, held office as a member of the former board. "first board" means the board as constituted under this section. 230 Chairperson and deputy chairperson of board (1) From the commencement— (a) the existing chairperson is taken to be the chairperson of the board as constituted under section 229; and (b) the existing deputy chairperson is taken to be the deputy chairperson of the board as constituted under section 229. (2) The existing chairperson ceases to hold office as the chairperson if the existing chairperson vacates the office of chairperson under this Act. (3) The existing deputy chairperson ceases to hold office as the deputy chairperson if the existing deputy chairperson vacates the office of deputy chairperson under this Act. (4) This section has effect despite section 19(1) and (3).49 (5) In this section— "existing chairperson" means the person who, immediately before the commencement, held office as the chairperson of the former board. "existing deputy chairperson" means the person who, immediately before the commencement, held office as the deputy chairperson of the former board. 231 Appeals (1) Subsection (2) applies if— (a) a person has appealed to the District Court under repealed section 53 before the commencement against a decision of the former board; and (b) the appeal has not been decided before the commencement. (2) The District Court may hear, or continue to hear, and decide the appeal under the repealed Act as if this Act had not commenced. 49 — Section 19 (Chairperson and deputy chairperson of board) eS) Com ND NH Ff FOO ON DUN FWN KO Nw NN WwW N NNW Nn N — NW ow s 232 124 s 232 Dental Technicians and Dental Prosthetists Registration Bill 2001 (3) Subsection (4) applies if— (a) immediately before the commencement a person could have appealed to the District Court under the repealed section 53 against a decision of the former board; and (b) the person has not appealed before the commencement. (4) The person may appeal, and the District Court may hear and decide the appeal, under the repealed Act as if this Act had not commenced. (5) For giving effect to its decision under subsection (2) or (4), the District Court may make the orders it considers necessary having regard to the provisions of this Act. Example for subsection (5)— On an appeal by a person against a decision of the former board to refuse to register the person as a dental technician or dental prosthetist under the repealed Act, the District Court may order that the board register the person under this Act. (6) In this section— "repealed section 53" means section 53 of the repealed Act. 232 Existing registrations (1) This section applies to a person who immediately before the commencement was registered, under the repealed Act, for a category of registration mentioned in column 1 of the following table (the "column 1 registration' )— Table column 1 column 2 1. registration as a dental technician general registration under section 25(1) of the repealed as a dental technician Act 2. registration as a dental prosthetist general registration under section 25(2) of the repealed as a dental Act prosthetist Com ND WN BRWN Dn Nn BOW KF CO 21 23 s 233 125 s 233 Dental Technicians and Dental Prosthetists Registration Bill 2001 column 1 column 2 3. provisional registration as a dental provisional general technician under section 29 of the registration as a repealed Act dental technician 4. provisional registration as a dental provisional general prosthetist under section 29 of the registration as a repealed Act dental prosthetist. (2) The person is taken to be registered for the category of registration mentioned in column 2 of the table (the "'column 2 registration") shown opposite the column | registration. (3) If the column 1 registration was, immediately before the commencement, subject to conditions, the column 2 registration is taken to be subject to the conditions. (4) Despite section 56,°° the column 2 registration continues until the later of the following days— (a) 30 April first happening after the commencement; (b) the day that is 3 months after the commencement. (5) However, subsection (4) stops applying if the column 2 registration is surrendered or cancelled. 233 Existing applications for certain column 1 registrations (1) An application for an item 1 or 2 column 1 registration made under the repealed Act, and not decided before the commencement, must be decided under this Act. (2) The application is taken to be for the column 2 registration shown opposite the column | registration. (3) Part 3, division 2°! applies to the application. 50 Section 56 (Period) 51 Part 3 (Registration), division 2 (Applications for general registration) \o aon Dunst WNe Ne \o on Nun ww s 234 126 s 236 Dental Technicians and Dental Prosthetists Registration Bill 2001 (4) However, the provisions of part 3, division 2 dealing with making the application in the approved form and paying the application fee and registration fee, that would otherwise apply do not apply to the application. 234 Existing applications for restoration of certain column 1 registrations (1) An application for the restoration of an item 1 or 2 column 1 registration made under section 31(4) of the repealed Act, and not decided before the commencement, must be decided under this Act. (2) The application is taken to be for the restoration of the column 2 registration shown opposite the column 1 registration. (3) Part 3, division 5°? applies to the application. (4) However, the following provisions do not apply to the application— (a) the provisions, applied by section 76,°> to the extent to which they relate to recency of practice requirements; (b) sections 77, 78 and 82.54 235 Suspended registrations (1) This section applies if an item 1 or 2 column 1 registration has been suspended and the period of suspension has not ended before the commencement. (2) The suspension is taken to continue as a suspension of the column 2 registration shown opposite the column 1 registration. 236 Approval of business names under repealed Act (1) This section applies if— (a) immediately before the commencement— 52 Part 3 (Registration), division 5 (Restoration of general registrations) 53 Section 76 (Application of div 4, sdivs 1 and 3) 54 Sections 77 (When an application for restoration of a general registration may be made), 78 (Procedural requirements for applications) and 82 (When recency of practice conditions take effect) WNre Co MAND WF nan BW N Po COMIN AO Nw 24 s 237 127 s 239 Dental Technicians and Dental Prosthetists Registration Bill 2001 (i) there was in effect an approval of a name under the Dental Technicians and Dental Prosthetists Act 1991, section 35 (the "approval provision''); or (ii) an application for approval of a name under the approval provision had not been finally dealt with; and (b) the holder of the approval or applicant is taken to be registered under section 232. (2) The holder or applicant is taken to have given the board notice of the name as a business name under section 130(1).%5 237 Sections 130 and 133 ineffective for 6 months (1) Sections 130 and 1335° have no effect for 6 months after they commence. (2) However, a person may give the board a notice mentioned in section 130 within the 6 month period. 238 Records (1) This section applies if— (a) aregistration was affected under the repealed Act; and (b) immediately before the commencement, the former board held a record of the details of the way the registration was affected and the reason for it being affected. (2) The record must be kept by the board for at least 10 years after the commencement. 239 Certain Act has not been repealed (1) This section applies if an Act mentioned in column 2 of the following table (the "column 2 Act'') has not been repealed— 55 Section 130 (Notification of business names etc.) 56 Sections 130 (Notification of business names etc.) and 133 (Information to appear in advertisements) ow NAD UR WNR Co RO Ne NO anole) ~ n wm 22 25 s 239 128 s 239 Dental Technicians and Dental Prosthetists Registration Bill 2001 Table Column 1 Chiropractors Registration Act Dental Practitioners Registration Act 2001 Medical Practitioners Registration Act 2001 Occupational Therapists Registration Act 2001 Optometrists Registration Act 2001 Osteopaths Registration Act 2001 Pharmacists Registration Act 2001 Physiotherapists Registration Act 2001 Podiatrists Registration Act 2001 Psychologists Registration Act 2001 Speech Pathologists Registration Act 2001 Column 2 Chiropractors and Osteopaths Act 1979 Dental Act 1971 Medical Act 1939 Occupational Therapists Act 1979 Optometrists Act 1974 Chiropractors and Osteopaths Act 1979 Pharmacy Act 1976 Physiotherapists Act 1964 Podiatrists Act 1969 Psychologists Act 1977 Speech Pathologists Act 1979. (2) A reference in schedule 4, definition "health practitioner registration Act" to the Act mentioned in column 1 of the table shown opposite the column 2 Act is taken to be a reference to the column 2 Act. 4 s 245 129 s 248 Dental Technicians and Dental Prosthetists Registration Bill 2001 Division 3—Savings provisions 245 Continuation of section of regulation under repealed Act (1) The Dental Technicians and Dental Prosthetists Regulation 1998, section 2, as in force immediately before the commencement of this section, and as amended by section 249 (the "saved provision''), continues to have effect and is taken to be a regulation under this Act for all purposes, including amendment and repeal by regulation. (2) A regulation under this Act may relocate the saved provision to a regulation under this Act and for that purpose renumber the saved provision. 246 References to Dental Practitioners Registration Act 2001 (1) Subsection (2) applies if the Dental Act 197] has not been repealed. (2) A reference in this division to the Dental Practitioners Registration Act 200] is taken to be a reference to the Dental Act 1971. PART 11—CONSEQUENTIAL AND OTHER AMENDMENTS 247 Amendment of Acts Schedule 2 amends the Acts mentioned in it. 248 Amendment of Dental Technicians and Dental Prosthetists Act Schedule 3 amends the Dental Technicians and Dental Prosthetists Act 199] and relocates certain provisions of that Act to part 10, division 3. 57 Section 248 and schedule 3 amend the Dental Technicians and Dental Prosthetists Act 1991 and relocates certain provisions of that Act to this division. C0 OADNH Ww ak WwW N 17 19 21 23 Dental Technicians and Dental Prosthetists Registration Bill 2001 249 Amendment of Dental Technicians and Dental Prosthetists Regulation 1998 (1) This section amends the Dental Technicians and Dental Prosthetists Regulation 1998. (2) Section 2, heading, 'Act, s 3(1)'— omit, insert— 'Act, s 240(1)'. NYDN FW NK Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 1 DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN section 180(2) Section Description of decision 51 Deciding to refuse to register an applicant for general registration as a general registrant 51, as applied by section 103 Deciding to refuse to register an applicant for special purpose registration as a special purpose registrant 57 Deciding to register a person as a general registrant on conditions and deciding the review period applying to the conditions 73 Deciding to refuse to renew a general registration 73, as applied by section 76 Deciding to refuse to restore a general registration 73 as applied by section 110 Deciding to refuse to renew a special purpose registration 74 Deciding to renew a_ general registration on recency of practice conditions and deciding the review period applying to the conditions Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 1 (continued) Section 74, as applied by section 76 87, as applied by section 114 64(1)(c) Description of decision Deciding to restore a general registration on recency of practice conditions and deciding the review period applying to the conditions Deciding to cancel a general registration Deciding to cancel a_ special purpose registration Deciding to confirm or change conditions of a __ general registration and deciding the review period applying to the conditions Deciding to register a person as a special purpose registrant on conditions Deciding to renew a_ special purpose registration on conditions Deciding to refuse to grant an application for the replacement of a certificate of registration Decision resulting in a_ thing being forfeited to the State Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 2 CONSEQUENTIAL AMENDMENTS OF ACTS section 247 COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2000 1 Schedule 4, definition "registered health practitioner'', ' Dental Technicians and Dental Prosthetists Act 1991' — insert— 'Dental Technicians and Dental Prosthetists Registration Act 2001'. HEALTH ACT 1937 1 Section 5(1), definition "health practitioner registration Act', 'Dental Technicians and Dental Prosthetists Act 1991'— omit, insert— 'Dental Technicians and Dental Prosthetists Registration Act 2001'. HEALTH PRACTITIONER REGISTRATION BOARDS (ADMINISTRATION) ACT 1999 1 Schedule, definition "health practitioner registration Act", 'Dental Technicians and Dental Prosthetists Act 1991'— omit, insert— 'Dental Technicians and Dental Prosthetists Registration Act 2001'. Nn Co mn nNnD 12 14 16 18 20 Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 2 (continued) HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS) ACT 1999 Schedule, definition "health practitioner registration Act', 'Dental Technicians and Dental Prosthetists Act 1991'— omit, insert— 'Dental Technicians and Dental Prosthetists Registration Act 2001'. Schedule, definition "profession", paragraphs (c) and (d)— omit, insert— '(c) for a registrant who is a dental prosthetist under the Dental Technicians and Dental Prosthetists Registration Act 200]—the dental prosthetics profession; (d) for a registrant who is a dental technician under the Dental Technicians and Dental Prosthetists Registration Act 200]—the dental technology profession;'. HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION) ACT 1998 Schedule, definition "health registration Act'', 'Dental Technicians and Dental Prosthetists Act 1991'— omit, insert— 'Dental Technicians and Dental Prosthetists Registration Act 2001'. Dn nn BW 11 1316 18 20 Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 2 (continued) HEALTH RIGHTS COMMISSION ACT 1991 1 Schedule 2, item 3— omit, insert— '3. Dental Technicians and Dental Prosthetists Board of Queensland'. HEALTH SERVICES ACT 1991 1 Section 63(6), 'Dental Technicians and Dental Prosthetists Act 199? — omit, insert— 'Dental Technicians and Dental Prosthetists Registration Act 2001'. MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT 1966 1__ Title, 'the Dental Technicians and Dental Prosthetists Act 1991,,— omit. 2 ~~ Section 4(1)(e)— omit. om nNnD Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 2 (continued) RADIATION SAFETY ACT 1999 Schedule 2, definition "health practitioner registration Act", 'Dental Technicians and Dental Prosthetists Act 1991'— omit, insert— 'Dental Technicians and Dental Prosthetists Registration Act 2001'. na Wh Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 3 AMENDMENT OF DENTAL TECHNICIANS AND DENTAL PROSTHETISTS ACT 1991 section 248 1 Section 3(1), 'In this Act'— omit, insert— 'In this division'. 2 Section 3(1), definitions "Board'', "chairperson", "commencing day"', "dentist'', "deputy chairperson'', 'fee', "'register"', "registered'', "registrar", "utter"— omit. 3 Section 3(1)— insert— * "dentist" means a person registered under the Dental Practitioners Registration Act 2001)'. 4 Sections 3(2) and (4) and 4, 'Act'— omit, insert— 'division'. 5 Section 4, heading, 'Act'— omit, insert— 'div 3'. \o eo ak WwW WN a 21 Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 3 (continued) 6 Sections 31A, 33(5) and (6) and 34, 'registered'— omit. 7 Section 31A, 'of dental prosthetists'— omit. 8 Section 33, heading, 'registered persons'— omit, insert— 'registrants'. 9 Section 33(1), from 'not—' to 'technician.'— omit, insert— 'not perform dental technical work for fee or reward unless the person is a dental technician.'. 10 Section 33(1), penalty— omit, insert— 'Maximum penalty—17 penalty units.'. 11. Section 33(2), from 'not—' to 'prosthetist.'— omit, insert— 'not provide dental prosthetic services for fee or reward unless the person is a dental prosthetist.'. 12 Section 33(2), penalty— omit, insert— 'Maximum penalty—35 penalty units.'. & myn an wm 21 Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 3 (continued) 13 Section 33(3)— omit. 14 Section 33(4), 'registered as'— omit. 15 Section 34(2)(b)(i), from 'whose' to 'completion of'— omit, insert— 'who has successfully completed'. 16 Section 34(2)(b)(ii), 'of dental prosthetists under section 31A'— omit, insert— "under section 242'. 17_ Sections 3, 4, 31A, 33 and 34— relocate to Dental Technicians and Dental Prosthetists Registration Act 200] and in that Act insert and renumber, in part 10, division 3, as sections 240 to 244. 13 Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 4 DICTIONARY section 8 "accepted representations" see section 85(2). "advertise" includes— (a) placing an entry in a directory; and (b) displaying a sign; and (c) using printed stationery. "appellant" see section 180(1). "application fee" see section 42(1)(c)(ii). "approved form' means a form approved by the board. "assessment report" see section 48(1). "authorised person', for part 3, division 3, see section 59(1). "board" means the Dental Technicians and Dental Prosthetists Board of Queensland. "business name", of a business, means a name or style under which the business is carried on. "certificate of general registration" means a certificate of general registration issued under part 3. "certificate of provisional general registration" means a certificate of provisional general registration issued under section 60(5). "certificate of provisional special purpose registration'? means a certificate of provisional special purpose registration issued under part 3, division 8. "certificate of registration" means a certificate of general registration, certificate of provisional general registration, certificate of special purpose registration or certificate of provisional special purpose registration. oOo Wmnnt Dn fs Oo Com AD US W NY 232628 Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 4 (continued) "certificate of special purpose registration'? means a certificate of special purpose registration issued under part 3, division 8. "certified copy', of a certificate of registration, means a copy that is certified by the board as being a true copy of the certificate. "chairperson" means the chairperson of the board appointed under section 19(1). "column 1 registration'', for part 10, division 2, see section 221. "column 2 registration'', for part 10, division 2, see section 221. "commencement'', for part 10, division 2, see section 221. "committee" means a committee of the board established under section 33(1). "convicted'', of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded. "corresponding law" means a law applying, or that applied, in another State, the Commonwealth or a foreign country that provides, or provided, for the same matter as— (a) a health practitioner registration Act or the Health Practitioners (Professional Standards) Act 1999; or (b) a provision of a health practitioner registration Act or the Health Practitioners (Professional Standards) Act 1999. "declaration period", for part 9, division 3, see section 210. "declared event', for part 9, division 3, see section 210. "dental prosthetist" means a person registered under this Act in the dental prosthetics profession. "dental technician" means a person registered under this Act in the dental technology profession. "deputy chairperson" means the deputy chairperson of the board appointed under section 19(1). "document production requirement" see section 171(5). "educational institution" means a university, training institution or professional college engaged in the education of persons in the practice of a profession. Co WN AN FW NK C0 ON ANH WN KO NY NY WY nH = NN BW NN nun NN aon N \o WwW Ww NRO Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 4 (continued) "executive officer'? means the executive officer appointed under the Health Practitioner Registration Boards (Administration) Act 1999. "executive officer', of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer. "facsimile warrant" see section 153(4). "foreign regulatory authority" means— (a) an interstate regulatory authority; or (b) an entity established under a law applying in a foreign country, other than New Zealand, having functions similar to the board's functions under this Act or the Health Practitioners (Professional Standards) Act 1999. "former board", for part 10, division 2, see section 221. "former registrant" means a person who was, but is not currently, registered under part 3. "general registrant" means a person registered, under part 3, as a general registrant, but does not include a provisional general registrant. "general registration" means registration of a person as a general registrant under part 3. "general registration period''see section 56(1). "health assessment", in relation to a person, includes— (a) a physical, medical, psychiatric or psychological examination or test of the person; and (b) asking questions to assess the person's mental and physical health. "Health Insurance Commission' means the Health Insurance Commission established under the Health Insurance Commission Act 1973 (Cwlth), section 4. "health practitioner registration Act" means any of the following Acts— e this Act ° Chiropractors Registration Act 2001 Co WAN ANHSW NK C0 ON DUN Ff WNrK OS N NY WY No = NN BW NN nun Nwun oan WwW W Ww NF OS Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 4 (continued) Dental Practitioners Registration Act 2001 Medical Practitioners Registration Act 2001 Medical Radiation Technologists Registration Act 2001 Occupational Therapists Registration Act 2001 Optometrists Registration Act 2001 Osteopaths Registration Act 2001 Pharmacists Registration Act 2001 Physiotherapists Registration Act 2001 Podiatrists Registration Act 2001 Psychologists Registration Act 2001 Speech Pathologists Registration Act 2001. "health records", for part 9, division 1, see section 202. "health service" means a service for maintaining, improving or restoring people's health and wellbeing. "impose", a condition, includes change or confirm the condition. "information notice", for a decision of the board or an inspector, is a notice stating the following— (a) (b) ©) (d) () the decision; the reasons for the decision; that the person to whom the notice is given may appeal against the decision within 28 days; how the person may appeal against the decision to the District Court; if the decision is that a person be registered on conditions— (i) fora general registration—the review period applying to the conditions; and (ii) for conditions imposed because of the person's mental and physical health, the details of which it has been decided under section 57(4) to record in the register—the details that must be recorded in the register for the period for which the conditions are in force; oOo mMmnN DN FB WN aoarAID UN PWN KF CO \o Nw - oO NN WN N & NN nun WWNNN rPOoOoaNn Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 4 (continued) (f) if the decision is that a general registration be renewed or restored on recency of practice conditions, the review period applying to the conditions; (g) if the decision is that a registration be cancelled—a direction to the person— (i) to return the certificate of registration to the board within 14 days after receiving the notice; and (ii) for a decision that a dental prosthetist's general registration as a dental technician be cancelled—to return the certificate of general registration as a dental prosthetist to the board within 14 days after receiving the notice; (h) if the decision is that the conditions imposed on a general registration be confirmed, the review period applying to the confirmed conditions; (i) if the decision is that the conditions imposed on a general registration be changed— (i) the review period applying to the changed conditions; and (ii) if the conditions were imposed because of the person's mental and physical health and it is decided under section 100(2) that details of the changed conditions must be recorded in the register, the details that must be recorded in the register for the period for which the changed conditions are in force; and (iii) a direction to the person to return the certificate of registration to the board within 14 days after receiving the notice; and (iv) for a decision that conditions on a dental prosthetist's general registration as a dental technician be changed—a direction to the person to return the certificate of general registration as a dental prosthetist to the board within 14 days after receiving the notice. "inspector" means a person who is appointed as an inspector under section 144. "interstate law'', for part 9, division 3, see section 210. COD AND NH WNK eoarAID NABPW NFO 2224 26293134 Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 4 (continued) "interstate regulatory authority" means an entity established under the law of another State or New Zealand having functions similar to the board's functions under this Act or the Health Practitioners (Professional Standards) Act 1999. "item"', for part 10, division 2, see section 221. "legislative scheme" see section 4. "local practitioner', for part 9, division 3, see section 210. "medical condition" includes substance abuse or dependence. "member" means a member of the board. "notice" means written notice. "occupier'', of a place, includes a person who reasonably appears to be an occupier, or in charge, of the place. "office'' means the Office of Health Practitioner Registration Boards under the Health Practitioner Registration Boards (Administration) Act 1999. "original decision" see section 180(1). "participant", for part 9, division 3, see section 210. "personal details requirement" see section 169(5). "place" includes premises, vacant land and a vehicle. "place of seizure" see section 160. "possess'', a health record, for part 9, division 1, see section 202. "premises" includes— (a) a building or other structure; and (b) apart of a building or other structure; and (c) land where a building or other structure is situated. "prepare'', for part 9, division 3, see section 210. "profession"? means— (a) the dental technology profession; or (b) the dental prosthetics profession. "professional service'? means— Oo mMmN DN BPWNKe Oo mMOmN DNB W NK CO Bw Yynvndnnvnrn vv ven wv CO WN DUN FW ND KF CO Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 4 (continued) (a) for the dental technology profession—a dental technology service; or (b) for the dental prosthetics profession—a dental prosthetic service. "provisional general registrant" means a person registered, under section 60, as a provisional general registrant. "provisional general registration'' means registration of a person as a provisional general registrant under section 60. "provisional special purpose registrant" means a person registered, under part 3, division 8, as a provisional special purpose registrant. "provisional special purpose registration" means registration of a person as a provisional special purpose registrant under part 3, division 8. "public members" see section 15(2)(b). "public place" means a place that the public is entitled to use, is open to the public or is used by the public (whether or not on payment of money). "recency of practice conditions" see section 74(2). "recency of practice requirements" see section 68. "register'' means the register kept under section 197. "registrant" means a person registered under part 3. "registrant members" see section 15(2)(a). "registration" means registration under part 3. "registration fee" see section 42(1)(c)(iii). "renewable registration' means a general registration or special purpose registration. "repealed Act" means the Dental Technicians and Dental Prosthetists Act 1991. "restoration fee" see section 78(1)(b)(i). "restricted title'? means— (a) for the dental technology profession—a title that consists of, or includes, the words 'dental technician'; and OD ND NH W NR an) oWmnt DH NW WV NY NY WY Nu RF Oo NN BW NN nun Ny N ao nv WN ow Dental Technicians and Dental Prosthetists Registration Bill 2001 SCHEDULE 4 (continued) (b) for the dental prosthetics profession—a title that consists of, or 1 includes, the words 'dental prosthetist'. 2 "review period'', applying to conditions imposed by the board or the 3 District Court on a general registration, means the period, not more 4 than 3 years after the decision to impose the conditions takes effect, 5 within which the registrant may not apply for a review of the 6 conditions under part 3, division 7. 7 "service agreement" means an agreement made under the Health 8 Practitioner Registration Boards (Administration) Act 1999, between 9 the executive officer and the board, for the provision of administrative 0 and operational support by the office to the board. 1 "show cause notice" see section 84(1). 2 "show cause period" see section 84(2)(e). 3 "special activities" see section 102. 4 "special purpose registrant" means a person registered, under part 3, 5 division 8, as a special purpose registrant, but does not include a 6 provisional special purpose registrant. 7 "special purpose registration" means registration of a person as a special 8 purpose registrant under part 3, division 8. 9 "user", of a registrant's services, includes a person who used the services. 20 "visiting practitioner', for part 9, division 3, see section 210. 21 "warrant form" see section 153(5)(b). 22 © State of Queensland 2001