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Dental Practitioners Registration Act 2001

Queensland Dental Practitioners Registration Act 2001 Reprinted as in force on 1 January 2010 Reprint No. 3C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 Act No. 14 s 123

Information about this reprint This Act is reprinted as at 1 January 2010. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Dental Practitioners Registration Act 2001 Contents Part 1 Division 1 1 2 Division 2 3 4 5 6 Division 3 7 Division 4 8 Part 2 Division 1 9 10 11 12 13 14 Division 2 15 16 17 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Operation of Act Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Board’s decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999 ...................................... 14 Mutual recognition legislation not affected . . . . . . . . . . . . . . . . . . 14 Objects Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Dental Board of Queensland Establishment and functions Establishment of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Board’s relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . 15 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Board’s independence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Membership Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

2 Dental Practitioners Registration Act 2001 18 19 20 21 22 23 24 25 26 Division 3 27 28 29 30 31 32 Division 4 33 34 Division 5 35 Division 6 36 Division 7 37 Division 8 38 39 40 Part 3 Division 1 41 Division 2 Subdivision 1 42 Certain nominee board members. . . . . . . . . . . . . . . . . . . . . . . . . Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . Leave of absence for a member . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board business Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board committees Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . Disclosure of interests by board members and committee members Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions by Minister Minister’s power to give directions in the public interest . . . . . . . . Annual reports Matters to be included in annual report . . . . . . . . . . . . . . . . . . . . Other provisions about the board Board is statutory body under the Financial Administration and Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board’s common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration Preliminary Who may apply for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications for general registration Applications Procedural requirements for applications . . . . . . . . . . . . . . . . . . . 20 21 22 22 22 23 23 24 24 24 24 24 25 25 26 26 27 27 28 29 30 30 30 30 31

3 Dental Practitioners Registration Act 2001 Subdivision 2 43 44 45 Subdivision 3 46 47 48 49 50 Subdivision 4 51 52 53 54 Subdivision 5 55 Subdivision 6 56 Subdivision 7 57 58 Division 3 59 60 61 62 63 64 65 66 67 Eligibility for general registration Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When applicant is qualified for general registration . . . . . . . . . . . Fitness to practise the profession. . . . . . . . . . . . . . . . . . . . . . . . . Inquiries into applications Board’s powers before deciding applications . . . . . . . . . . . . . . . . Appointment of appropriately qualified person to conduct health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report about health assessment . . . . . . . . . . . . . . . . . . . . . . . . . Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment for health assessments and reports . . . . . . . . . . . . . . . Decision on applications Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Steps to be taken after application decided . . . . . . . . . . . . . . . . . Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . Information in certificates of general registration Forms of certificates of general registration . . . . . . . . . . . . . . . . . Period of general registration Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of general registration Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisional general registration Meaning of authorised person for div 3 . . . . . . . . . . . . . . . . . . . . Provisional general registration of a person . . . . . . . . . . . . . . . . . Confirmation or cancellation of provisional general registration . . Procedure after cancellation of provisional general registration. . Form of certificate of provisional general registration. . . . . . . . . . Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board decides to register provisional general registrant as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board decides to refuse to register provisional general registrant as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . Deemed refusal by board to register provisional general registrant as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . 31 32 33 34 36 36 37 37 38 38 38 39 40 41 41 42 42 43 44 44 44 45 45 45 46

4 Dental Practitioners Registration Act 2001 Division 4 Subdivision 1 67A 68 Subdivision 2 69 70 71 Subdivision 3 72 73 74 75 Division 5 75A 76 77 78 79 80 81 Division 6 82 83 84 85 86 87 Division 7 Subdivision 1 88 89 90 91 92 Renewal of general registrations Preliminary Non-application of div 4 to short-term registration . . . . . . . . . . . . Meaning of recency of practice requirements . . . . . . . . . . . . . . . Applications for renewal of general registrations Notification of imminent expiry of registration. . . . . . . . . . . . . . . . Procedural requirements for applications . . . . . . . . . . . . . . . . . . . General registration taken to be in force while application is considered ..................................... Decision on applications Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recency of practice requirements are not satisfied . . . . . . . . . . . Steps to be taken after application decided . . . . . . . . . . . . . . . . . Restoration of general registrations Non-application of div 5 to short-term registration . . . . . . . . . . . . Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . When an application for restoration of a general registration may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedural requirements for applications . . . . . . . . . . . . . . . . . . . Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . When recency of practice conditions take effect . . . . . . . . . . . . . Cancellation of general registrations Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Representations about show cause notices . . . . . . . . . . . . . . . . . Ending show cause process without further action . . . . . . . . . . . Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of cancelled certificate of general registration to board . . Reviewing conditions of general registrations Review of conditions imposed by the board or QCAT Review of conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . Review of conditions during review period . . . . . . . . . . . . . . . . . . Board’s powers before making decision . . . . . . . . . . . . . . . . . . . . Application of ss 47–50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 46 47 47 48 49 49 50 51 51 51 52 52 53 53 53 53 54 54 54 55 55 56 56 56 57 58

5 Dental Practitioners Registration Act 2001 93 94 95 96 97 98 Subdivision 2 99 Division 8 Subdivision 1 100 Subdivision 2 101 102 Subdivision 3 103 Subdivision 4 104 105 106 107 Subdivision 5 108 Subdivision 6 109 Subdivision 7 110 111 112 Subdivision 8 113 Subdivision 9 114 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When decision takes effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure by board to make decision on application. . . . . . . . . . . . . Failure by board to make decision on review agreed to under s 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further decision required if certain conditions changed. . . . . . . . Recording change, or removal, of conditions Amending, replacing, or issuing new, certificate of general registration ..................................... Specialist registration Applications Procedural requirements for applications . . . . . . . . . . . . . . . . . . . Eligibility for specialist registration Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When applicant is qualified for specialist registration . . . . . . . . . . Inquiries into applications Board’s powers before deciding applications . . . . . . . . . . . . . . . . Decision on applications Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Steps to be taken after application decided . . . . . . . . . . . . . . . . . Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . Information in certificates of specialist registration Form of certificates of specialist registration . . . . . . . . . . . . . . . . Period of specialist registration Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of specialist registration Conditions attaching to general registration applicable to specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of certain provisions Application of certain provisions about general registration to specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Additional information to be included in show cause notice . . . . . 58 59 59 60 60 61 61 62 63 63 64 65 66 66 67 68 68 69 69 70 70 72

6 Dental Practitioners Registration Act 2001 115 116 117 118 Division 9 Subdivision 1 119 120 121 122 124 125 126 Subdivision 2 126A 127 128 129 129A 130 Subdivision 3 131 132 Subdivision 4 132A 133 Division 9A Subdivision 1 133A Subdivision 2 133B 133C Subdivision 3 133D Effect on specialist registration if general registration ceases to have effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect on specialist registration if conditions on general registration are changed or removed . . . . . . . . . . . . . . . . . . . . . . Restoration of specialist registration . . . . . . . . . . . . . . . . . . . . . . Decision about recording certain conditions in register . . . . . . . . Special purpose registrations Applications for special purpose registration Undertaking of special activities relating to the profession. . . . . . Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifications for special purpose registration . . . . . . . . . . . . . . . Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renewal of special purpose registrations Non-application of sdiv 2 to short-term registration . . . . . . . . . . . Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . Matters that may be considered in deciding whether to renew special purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . Condition of practice under supervision . . . . . . . . . . . . . . . . . . . . Period of renewed special purpose registration . . . . . . . . . . . . . . Cancellation of special purpose registrations Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Changing or removing conditions Changing conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dental auxiliary registration Applications for dental auxiliary registration Procedural requirements for applications . . . . . . . . . . . . . . . . . . . Eligibility for dental auxiliary registration Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When applicant is qualified for dental auxiliary registration . . . . . Decision on applications Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 73 74 74 75 75 76 76 77 77 77 78 78 78 78 79 79 79 80 80 81 82 83 83 84

7 Dental Practitioners Registration Act 2001 Subdivision 4 133E Subdivision 5 133F Subdivision 6 133G Division 10 134 135 136 137 138 139 139AA Part 4 Division 1A 139A Division 1 140 140A 140B 140C 141 142 143 144 145 147 Division 3 150 151 Division 4 152 Information in certificates of dental auxiliary registration Forms of certificates of dental auxiliary registration . . . . . . . . . . . Conditions of dental auxiliary registration Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . Application of certain provisions Application of certain provisions about general registration to dental auxiliary registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General provisions about registrations Person is taken to be registered under this part. . . . . . . . . . . . . . Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of certificates of registration . . . . . . . . . . . . . . . . . . Certified copy of certificates of registration . . . . . . . . . . . . . . . . . Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . Notification of certain events to interstate regulatory authorities and other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short-term registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligations of registrants and other persons Restricted practice of dentistry Restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restricted titles and holding out Taking of restricted dental auxiliary registrant title etc.. . . . . . . . . Taking of restricted general registrant title etc. . . . . . . . . . . . . . . . Taking of restricted dental auxiliary registrant title for which not registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on use of titles by special purpose registrants and provisional special purpose registrants . . . . . . . . . . . . . . . . . . . . Taking of restricted specialist title etc. . . . . . . . . . . . . . . . . . . . . . Use of title ‘doctor’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . Claims by persons as to other persons’ registration. . . . . . . . . . . Restrictions on registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on registrants registered on conditions. . . . . . . . . . . Advertising Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information to appear in advertisements . . . . . . . . . . . . . . . . . . . Registrants’ autonomy Aiding, abetting etc. conduct that is a ground for disciplinary action ........................................ 85 85 86 88 88 88 89 89 89 91 91 94 96 97 98 99 101 101 101 102 103 103 104 105

8 Dental Practitioners Registration Act 2001 Division 5 153 154 Division 6 155 156 157 Division 7 158 Part 5 Division 1 159 160 161 Division 2 162 163 164 165 166 Division 3 Subdivision 1 167 Subdivision 2 168 169 170 171 172 Subdivision 3 173 174 175 Subdivision 4 176 Court orders and injunctions Persons may be prohibited from supplying health services etc.. . Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reprisals Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . Other provisions Payment, or acceptance of payment, for referrals prohibited . . . . Investigation and enforcement Inspectors Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . Appointment of inspectors and other matters Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . Production or display of inspector’s identity card . . . . . . . . . . . . . Powers of inspectors Entry of places Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for entry Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants—procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . Powers after entry General powers after entering places . . . . . . . . . . . . . . . . . . . . . Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to seize evidence Seizing evidence at a place that may be entered without consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 106 108 109 109 109 110 110 110 110 111 111 111 112 112 113 114 114 115 116 117 117 118 118

9 Dental Practitioners Registration Act 2001 177 178 179 180 181 182 183 184 185 186 Subdivision 5 187 188 189 190 191 Division 4 192 193 194 195 196 197 Part 6 198 199 Part 7 Division 1 203 204 205 206 Division 2 207 208 209 Seizing evidence at a place that may only be entered with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with forfeited things etc.. . . . . . . . . . . . . . . . . . . . . . . . . . Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to obtain information Power to require name and address . . . . . . . . . . . . . . . . . . . . . . Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require production of documents . . . . . . . . . . . . . . . . . . Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . General enforcement matters Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reviews by QCAT Who may apply for a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particular matters relating to powers of QCAT . . . . . . . . . . . . . . . Legal proceedings Evidence Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings Indictable and summary offences. . . . . . . . . . . . . . . . . . . . . . . . . Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . Limitation on who may summarily hear indictable offence . . . . . . 118 119 120 120 120 121 122 122 123 123 123 124 124 125 125 125 126 127 127 127 128 128 128 129 129 129 129 130 130 131

210 211 212 213 214 Part 8 Division 1 215 216 Division 2 217 Division 3 218 219 Part 9 Division 1 220 221 222 223 224 225 226 Division 2 227 Division 3 228 229 230 Division 4 230A 231 231A 232 233 10 Dental Practitioners Registration Act 2001 Limitation on time for starting summary proceedings. . . . . . . . . . Allegations of false or misleading information or documents . . . . Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsibility for acts or omissions of representatives . . . . . . . . Executive officers must ensure corporation complies with Act. . . Register, records and information Register Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records to be kept Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board’s annual report must disclose authorisation. . . . . . . . . . . . Miscellaneous Abandoned, and other, health records Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board may take possession of abandoned health records. . . . . . Health records forming part of deceased estate . . . . . . . . . . . . . Health records of persons convicted of an offence against s 139A, 140(1) or (6), 140A(1) or (6), 140B(1), 141(1) or 143 . . . Dealing with certain health records seized under s 176 or 177 . . How board may deal with health records . . . . . . . . . . . . . . . . . . . Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuing professional education of registrants Continuing professional education programs . . . . . . . . . . . . . . . . Declared events Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deemed registration of visiting practitioners. . . . . . . . . . . . . . . . . Other provisions Provision of certain professional services by interstate practitioners ................................... Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . Protection for persons involved in supervising special purpose registrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information or documents. . . . . . . . . . . . . . . Certificates etc. not to be false or misleading. . . . . . . . . . . . . . . . 131 132 132 132 133 134 135 135 136 137 138 138 139 139 140 140 140 141 141 142 142 143 144 145 145 148

234 235 236 237 Part 10 Division 1 238 Division 2 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 260 261 Division 3 265 266 11 Dental Practitioners Registration Act 2001 Application of provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal, transitional and savings provisions Repeal Repeal of Dental Act 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Dental Practitioners Registration Act 2001 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to repealed Act or former board . . . . . . . . . . . . . . . . Board is the legal successor . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with matter under Health Practitioners (Professional Standards) Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of conditions imposed under repealed Act . . . . . . . . . . Existing overseas conditional registration . . . . . . . . . . . . . . . . . . Existing applications for certain column 1 registrations . . . . . . . . Existing applications for restoration of certain column 1 registrations ................................... Existing applications for renewal of certain column 1 registrations .................................. Continuation of satisfaction process under section 20(9) of the repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspended registrations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certain Act has not been repealed. . . . . . . . . . . . . . . . . . . . . . . . Savings provisions Continuation of section of by-law under repealed Act . . . . . . . . . References to Dental Technicians and Dental Prosthetists Registration Act 2001, s 240(1) . . . . . . . . . . . . . . . . . . . . . . . . . . 148 148 148 149 149 149 150 150 150 151 151 151 151 151 152 153 154 155 156 156 157 158 158 158 159 159 160 160

12 Dental Practitioners Registration Act 2001 Division 4 267 268 Division 5 269 Schedule 1 Schedule 4 Transitional provisions for the Health Legislation Amendment Act 2003 Appointment of eligible persons to board . . . . . . . . . . . . . . . . . . . Transitional provision for s 263 . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provision for Health Legislation Amendment Act 2005 Sections 153 and 223 not to apply to certain convictions for offences against s 139A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decisions for which information notices must be given . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 161 162 163 167 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of forms notified or published in the gazette . . . . . . . . . . . . . . . . 178 178 179 179 180 180 182 188

s 1 13 s 4 Dental Practitioners Registration Act 2001 Dental Practitioners Registration Act 2001 [as amended by all amendments that commenced on or before 1 January 2010] An Act to provide for the registration of dental practitioners, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Dental Practitioners 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)

s 5 14 s 7 Dental Practitioners Registration Act 2001 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 (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, QCAT 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 2003 . 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 profession; and (c) to maintain public confidence in the profession. (2) The objects are to be achieved mainly by— (a) establishing the Dental Board of Queensland; and

s 8 15 s 11 Dental Practitioners Registration Act 2001 (b) providing for the registration of persons under this Act; and (c) imposing obligations on persons in relation to the practice of the profession; and (d) providing for compliance with this Act to be monitored and enforced. Division 4 Interpretation 8 Definitions The dictionary in schedule 4 defines particular words used in this Act. Part 2 Dental Board of Queensland Division 1 Establishment and functions 9 Establishment of board (1) The Dental Board of Queensland is established. (2) The board— (a) is a body corporate; and (b) has a common 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—

s 11 16 s 11 Dental Practitioners Registration Act 2001 (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; (e) to promote high standards of practice of the profession by registrants; (f) to develop or adopt programs for the continuing professional education of registrants, and encourage their participation in the programs; (g) to develop or adopt training programs in the practice of the profession that are relevant to a person’s eligibility for registration; Example of training programs — refresher courses for persons who have not practised the profession for a number of years (h) to confer and cooperate with interstate regulatory authorities; (i) to confer and cooperate with entities engaged in the development of national policies about the regulation of the profession; (j) to confer and cooperate with the following entities about the education of persons in the practice of the profession— (i) educational institutions; (ii) entities responsible for accrediting courses, or accrediting institutions to educate persons, for the profession; (k) to inform registrants and the public about the operation of the legislative scheme in its application to the profession; (l) to examine, and advise the Minister about, the operation of the legislative scheme in its application to the profession;

s 12 17 s 13 Dental Practitioners Registration Act 2001 (m) to monitor, and enforce, compliance with this Act; (n) to undertake research, relevant to the legislative scheme, into the regulation of the profession; (o) to collect, and give to persons, information about the practice of the profession by registrants; Example of information about the practice of the profession by registrants — the languages, other than English, spoken by registrants (p) to perform other functions given to the board under this or another Act. 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

s 14 18 s 14 Dental Practitioners Registration Act 2001 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— (a) a member; 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 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 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

s 15 19 s 15 Dental Practitioners Registration Act 2001 Division 2 Membership 15 Membership of board (1) The board consists of at least 9, but not more than 11, members appointed by the Governor in Council. (2) The board must include— (a) persons who are general registrants and persons who are dental auxiliary 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— (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) A majority of the members must be registrant members. (5) 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 .

s 16 20 s 18 Dental Practitioners Registration Act 2001 16 Registrant members The registrant members must consist of— (a) at least 2 general registrants nominated by the bodies the Minister considers represent the interests of general registrants; and (ab) at least 2 dental auxiliary registrants nominated by the bodies the Minister considers represent the interests of dental auxiliary registrants; and (b) 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 (c) at least 1 general registrant or dental auxiliary 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), (ab) or (b) 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—

s 19 21 s 19 Dental Practitioners Registration Act 2001 (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 (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

s 20 22 s 22 Dental Practitioners Registration Act 2001 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— (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) as a 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

s 23 23 s 24 Dental Practitioners Registration Act 2001 (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 or dental auxiliary 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. 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.

s 25 24 s 29 Dental Practitioners Registration Act 2001 (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. 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.

s 30 25 s 31 Dental Practitioners Registration Act 2001 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. (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.

s 32 26 s 33 Dental Practitioners Registration Act 2001 32 Minutes (1) The board must keep— (a) minutes of its meetings; and (b) a record 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. (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. 1 (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. 1 See section 14 for the board’s power of delegation.

s 34 27 s 35 Dental Practitioners Registration Act 2001 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. (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.

s 36 28 s 36 Dental Practitioners Registration Act 2001 (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— (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

s 37 29 s 37 Dental Practitioners Registration Act 2001 (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, 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; (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 profession 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 profession; (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.

s 38 30 s 41 Dental Practitioners Registration Act 2001 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 2B 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. Part 3 Registration Division 1 Preliminary 41 Who may apply for registration Only an individual may apply for registration.

s 42 31 s 43 Dental Practitioners Registration Act 2001 Division 2 Applications for general registration Subdivision 1 Applications 42 Procedural requirements for applications (1) An application for general registration 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; 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, written details of any conditions of the registration. (2) The approved form may require the disclosure of the applicant’s criminal history. (3) If the approved form requires the disclosure of the applicant’s criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure. (4) Information in the application must, if the approved form requires, be verified by a statutory declaration. Subdivision 2 Eligibility for general registration 43 Eligibility (1) An applicant for general registration is eligible for general registration if—

s 44 32 s 44 Dental Practitioners Registration Act 2001 (a) the applicant is qualified for general registration 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 by imposing conditions on the registration under section 57. 44 When applicant is qualified for general registration (1) An applicant for general registration is qualified for general registration if— (a) the applicant has a qualification prescribed under a regulation; or (b) the applicant has a qualification 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; Example of attributes of a course— the course objectives and competencies (c) any other relevant issue. (3) In this section— current Australian or New Zealand qualification means an Australian or New Zealand qualification, mentioned in a

s 45 33 s 45 Dental Practitioners Registration Act 2001 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 is fit to practise the profession, the board may have regard to the following— (a) the applicant’s mental and physical health; (b) the applicant’s command of the English language; (c) the applicant’s criminal history; (d) if the applicant has been registered under this Act or the repealed Act or is, or has been, registered under a corresponding law 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; (e) 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; (f) any other issue relevant to the applicant’s ability to competently and safely practise the profession. (2) When having regard to the applicant’s criminal history under subsection (1)(c), the board must have particular regard to the following— (a) any conviction of the applicant for an indictable offence;

s 46 34 s 46 Dental Practitioners Registration Act 2001 (b) any conviction of the applicant for an offence against the repealed Act, this Act, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; (c) any conviction of the applicant for an offence, relating to the practice of the profession— (i) against the Health Act 1937 or the Fair Trading Act 1989 ; or (ii) against another law applying, or that applied, in the State, the Commonwealth, another State or a foreign country; (d) any conviction of the applicant for an offence against the Public Health Act 2005 , section 213B. (3) For subsection (1)(e)— (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 the 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) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the report. Subdivision 3 Inquiries into applications 46 Board’s powers before deciding applications (1) Before deciding the application, the board— (a) may investigate the applicant; and

s 46 35 s 46 Dental Practitioners Registration Act 2001 (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 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) The purpose of an examination under subsection (1)(c) must be to assess the applicant’s ability to competently and safely practise the profession. (4) The 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. (5) 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); 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 (b) the name and qualifications of the person appointed by the board to conduct the assessment; and

s 47 36 s 48 Dental Practitioners Registration Act 2001 (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) If the board considers it relevant to the assessment, it may disclose the applicant’s criminal history to a person appointed to conduct the assessment. (5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure. (6) 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. (7) 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; and

s 49 37 s 50 Dental Practitioners Registration Act 2001 (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 the applicant’s registration as a general registrant 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) a review of conditions under division 7; or (b) a review by QCAT under part 6; 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.

s 51 38 s 53 Dental Practitioners Registration Act 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. 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. 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 (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;

s 54 39 s 54 Dental Practitioners Registration Act 2001 (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. 2 (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. (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 2 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.

s 55 40 s 55 Dental Practitioners Registration Act 2001 (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. 3 (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— (a) the registrant’s name; 3 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.

s 56 41 s 57 Dental Practitioners Registration Act 2001 (b) the period of the registration; (c) any conditions of registration. Subdivision 6 Period of general registration 56 Period (1) The period of registration that is to apply to general registrants 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 during a general registration period, 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. (3) This section does not apply to a short-term registration. Subdivision 7 Conditions of general registration 57 Imposition of conditions by board (1) The board may decide to register an applicant for general registration as a general registrant 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—

s 58 42 s 59 Dental Practitioners Registration Act 2001 (a) also decide the review period applying to the conditions; 4 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— (a) the executive officer; (b) a member; (c) a member of the office’s staff. (2) An authority mentioned in subsection (1) may be limited by reference to specified conditions, exceptions or factors. 4 The conditions may be reviewed under division 7 (Reviewing conditions of general registrations).

s 60 43 s 60 Dental Practitioners Registration Act 2001 60 Provisional general registration of a person (1) Subsection (2) applies if an authorised person reasonably considers— (a) an applicant for general registration 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. (3) Subsection (4) applies if an authorised person or the board— (a) reasonably considers, subject to an applicant for general registration 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 would be eligible for general registration 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. (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.

s 61 44 s 63 Dental Practitioners Registration Act 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.

s 64 45 s 66 Dental Practitioners Registration Act 2001 (2) The approved form must provide for the inclusion of the following— (a) the registrant’s name; (b) the period of the registration. 64 Period The provisional general registration of a person remains in force for the period, not more than 12 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; and (b) the board decides to register the person as a general registrant. (2) The provisional general registration is cancelled when the person receives a certificate of general registration under section 52(1). (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; and (b) the board decides to refuse to register the person as a general registrant. (2) The provisional general registration is cancelled when an information notice about the decision is given to the person under section 52(2).

s 67 46 s 68 Dental Practitioners Registration Act 2001 (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. 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; and (b) other than for section 53(4) or 54(5), the board would have been taken to have decided to refuse to register the person as a general registrant. (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 67A Non-application of div 4 to short-term registration This division does not apply to a short-term registration. 68 Meaning of recency of practice requirements (1) Recency of practice requirements are requirements, prescribed under a regulation, that if satisfied demonstrate that an applicant for renewal of a general registration 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;

s 69 47 s 70 Dental Practitioners Registration Act 2001 (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. 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 may only be decided by the board if it is received 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.

s 71 48 s 71 Dental Practitioners Registration Act 2001 (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 applicant’s ability to competently and safely practise the profession; 5 (b) if there are recency of practice requirements 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) 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 (b) 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 (c) 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 . 5 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.

s 72 49 s 73 Dental Practitioners Registration Act 2001 Subdivision 3 Decision on applications 72 Inquiries into applications (1) Before deciding the application, the board— (a) 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, if the board is not satisfied the applicant has satisfied recency of practice requirements, 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. (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.

s 74 50 s 74 Dental Practitioners Registration Act 2001 (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. 6 (3) If there are no recency of practice requirements relevant to the applicant, the board must decide to renew the applicant’s general registration. 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. (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; 7 and 6 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. 7 The conditions may be reviewed under division 7 (Reviewing conditions of general registrations).

s 75 51 s 76 Dental Practitioners Registration Act 2001 (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. 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 75A Non-application of div 5 to short-term registration This division does not apply to a short-term registration. 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 8 The conditions may include conditions imposed under the Health Practitioners (Professional Standards) Act 1999 .

s 77 52 s 78 Dental Practitioners Registration Act 2001 (b) an applicant for renewal of a general registration were an applicant for restoration of a general registration; and (c) a renewal 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. 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; 9 9 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.

s 79 53 s 82 Dental Practitioners Registration Act 2001 (b) if there are recency of practice requirements relevant to the applicant, details of the extent to which the applicant has satisfied the requirements. 79 Period of restored registration If the board decides to restore the applicant’s general registration during a general registration period, 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. 80 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. 81 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 82 Grounds for cancellation A general registration may be cancelled, under this division, on the following grounds— (a) the registration happened because the board was given, by the registrant or someone else, information or a document that—

s 83 54 s 85 Dental Practitioners Registration Act 2001 (i) was materially false, within the meaning given by section 232(1), at the time it was given; or (ii) became materially false, within the meaning given by section 232(1), after it was given; (b) the registrant ceases to have, or does not have, the qualifications necessary for registration. 83 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) 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. 84 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). 85 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.

s 86 55 s 87 Dental Practitioners Registration Act 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. 86 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. 87 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.

s 88 56 s 90 Dental Practitioners Registration Act 2001 Division 7 Reviewing conditions of general registrations Subdivision 1 Review of conditions imposed by the board or QCAT 88 Review of conditions Conditions imposed on a general registration under this Act may be reviewed under this division. 89 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 a review by QCAT of 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 94. 90 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.

s 91 57 s 91 Dental Practitioners Registration Act 2001 (2) The board may, with the written agreement of the registrant to whom the conditions relate, review the conditions. 91 Board’s powers before making decision (1) Before making its decision under section 94, 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 94(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. (4) Subject to section 94(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. (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 (c) the place where, and the day and time at which, the assessment is to be conducted.

s 92 58 s 93 Dental Practitioners Registration Act 2001 92 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 91(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 91(1)(d). 93 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 89. (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 91(1)(b); or (b) does not undergo an examination under section 91(1)(c); or (c) does not undergo an assessment under section 91(1)(d). (3) A notice under section 91(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 90. (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 91(1)(b); or (b) does not undergo an examination under section 91(1)(c); or (c) does not undergo an assessment under section 91(1)(d).

s 94 59 s 95 Dental Practitioners Registration Act 2001 (6) A notice under section 91(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. 94 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. (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. 95 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 94(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

s 96 60 s 97 Dental Practitioners Registration Act 2001 registrant under section 94(5) and does not depend on a new certificate of general registration being issued to the registrant under section 99(5). 96 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 89 within 60 days after its receipt, the failure is taken to be a decision by the board to confirm the conditions. (2) Subsection (3) applies if the board has— (a) under section 91(1)(b), required the applicant to give the board further information or a document; or (b) under section 91(1)(c), required the applicant to undergo an examination; or (c) under section 91(1)(d), required the applicant to undergo a health assessment. (3) The board is taken to have decided to confirm 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. 97 Failure by board to make decision on review agreed to under s 90 (1) Subject to subsections (2) and (3), if the board fails to make a decision on a review agreed to under section 90 within 60 days after the agreement, the failure is taken to be a decision by the board to confirm the conditions. (2) Subsection (3) applies if the board has— (a) under section 91(1)(b), required the registrant to give the board further information or a document; or

s 98 61 s 99 Dental Practitioners Registration Act 2001 (b) under section 91(1)(c), required the registrant to undergo an examination; or (c) under section 91(1)(d), required the registrant to undergo a health assessment. (3) The board is taken to have decided to confirm 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. 98 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. (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 99 Amending, replacing, or issuing new, certificate of general registration (1) Subsections (2) and (3) apply if a general registrant receives an information notice, under section 94(4)(b), about decisions relating to a change of the conditions of the registration.

s 100 62 Dental Practitioners Registration Act 2001 s 100 (2) The registrant must return the certificate of general registration to the board within 14 days after receiving the notice, unless the registrant has a reasonable excuse. 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. (4) Subsection (5) applies if a general registrant receives a notice, under section 94(5), about a decision to remove the conditions of the registration. (5) The board must, as soon as practicable after the decision is made, issue another certificate of general registration to the registrant that does not mention the removed conditions. Division 8 Specialist registration Subdivision 1 Applications 100 Procedural requirements for applications (1) An application for specialist registration 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; and (ii) the application fee prescribed under a regulation (the specialist application fee ); and (iii) the registration fee prescribed under a regulation (the specialist registration fee ); and

s 101 63 Dental Practitioners Registration Act 2001 s 102 (iv) any other documents, identified in the approved form, the board reasonably requires; and (v) if the applicant is registered under a corresponding law, written details of any conditions attaching to the registration. (2) Information in the application must, if the approved form requires, be verified by a statutory declaration. Subdivision 2 Eligibility for specialist registration 101 Eligibility (1) An applicant for specialist registration in a specialty is eligible for specialist registration in the specialty if— (a) the applicant is a general registrant; and (b) the applicant is qualified for specialist registration in the specialty under section 102. (2) Without limiting subsection (1), the board may be satisfied the applicant is eligible for specialist registration in the specialty by imposing conditions on the registration under section 111. 102 When applicant is qualified for specialist registration (1) An applicant for specialist registration in a specialty is qualified for specialist registration in the specialty if— (a) the applicant has a qualification that is— (i) a postgraduate qualification, conferred on the successful completion of coursework requiring at least 3 years full-time study; and (ii) prescribed for the specialty under a regulation; or (b) the applicant has a qualification in the specialty that is substantially equivalent to, or based on similar competencies to that required for, a current Australian or New Zealand qualification; or

s 103 64 Dental Practitioners Registration Act 2001 s 103 (c) the applicant has passed a qualifying examination in the specialty 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 specialty; or (ii) an entity responsible for accrediting courses, or accrediting institutions to educate persons, for the specialty; (b) the attributes of the course leading to the applicant’s qualification; Example of attributes of a course— the course objectives and competencies (c) any other relevant issue. (3) The reference in subsection (1)(a)(i) to 3 years full-time study includes a reference to an amount of study that the board is satisfied is the equivalent of 3 years full-time study. (4) In this section— current Australian or New Zealand qualification , in a specialty, means an Australian or New Zealand qualification in the specialty, 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 specialist registration, by the educational institution mentioned in relation to the qualification. Subdivision 3 Inquiries into applications 103 Board’s powers before deciding applications (1) Before deciding the application, the board— (a) may investigate the applicant; and

s 104 65 Dental Practitioners Registration Act 2001 s 104 (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. (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 the applicant’s ability to competently and safely practise the specialty 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). (5) A notice under subsection (1)(b) or (c) must be given to the applicant within 60 days after the board receives the application. Subdivision 4 Decision on applications 104 Decision The board must consider the application and decide to register, or refuse to register, the applicant as a specialist registrant in the specialty.

s 105 66 Dental Practitioners Registration Act 2001 s 106 105 Steps to be taken after application decided (1) If the board decides to register the applicant as a specialist registrant, it must as soon as practicable issue a certificate of specialist registration to the applicant. (2) If the board decides to refuse to register the applicant as a specialist registrant, the board must as soon as practicable give the applicant an information notice about the decision. 106 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 specialist registrant. (2) Subsection (3) applies if the board has— (a) under section 103(1)(b), required the applicant to give the board further information or a document; or (b) under section 103(1)(c), required the applicant to undergo an examination. (3) The board is taken to have refused to register the applicant as a specialist registrant if it fails to decide the application by the later 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. (4) This section does not apply if the applicant is registered as a provisional specialist registrant. 10 (5) This section is subject to section 107. 10 If the applicant is registered as a provisional specialist registrant, section 67, as applied by section 113(1)(a), states when the board is taken to have decided to refuse to register the applicant as a specialist registrant.

s 107 67 Dental Practitioners Registration Act 2001 s 107 107 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 specialist 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. (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 specialist 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 specialist registrant. 11 (6) In this section— final consideration day means the latest of the following days— 11 If the applicant is registered as a provisional specialist registrant, section 67, as applied by section 113(1)(a), states when the board is taken to have decided to refuse to register the applicant as a specialist registrant.

s 108 68 Dental Practitioners Registration Act 2001 s 109 (a) the day that is 60 days after receipt of the application; (b) if the board has, under section 103(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 103(1)(c), required the applicant to undergo an examination, the day that is 60 days after the board receives the results of the examination. Subdivision 5 Information in certificates of specialist registration 108 Form of certificates of specialist registration (1) A certificate of specialist 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 specialty to which the registration relates; (c) the period of the registration; (d) any conditions of registration. Subdivision 6 Period of specialist registration 109 Period (1) The period of registration that is to apply to specialist registrants is the period (the specialist registration period ), not more than 3 years, prescribed under a regulation. (2) If the board decides to register an applicant as a specialist registrant during a specialist registration period, the registration remains in force for the period—

s 110 69 Dental Practitioners Registration Act 2001 s 111 (a) commencing on the day when the board made the decision; and (b) ending on the last day of the specialist registration period. (3) This section does not apply to a short-term registration. Subdivision 7 Conditions of specialist registration 110 Conditions attaching to general registration applicable to specialist registration (1) This section applies if— (a) the board decides to register a general registrant as a specialist registrant; and (b) the registrant’s general registration is, immediately before the decision takes effect, subject to conditions. (2) The registrant’s specialist registration is subject to the conditions, other than any recency of practice conditions, attaching to the general registration. (3) Subsection (2) does not limit the board’s power to impose conditions under section 111 on the registrant’s specialist registration. (4) Conditions attaching under subsection (2) to a specialist registration may not be reviewed under division 7, as applied by section 113. 12 111 Imposition of conditions by board (1) The board may decide to register an applicant as a specialist registrant in a specialty on conditions the board considers necessary or desirable for the applicant to competently and safely practise the specialty. 12 See section 116 (Effect on specialist registration if conditions on general registration are changed or removed) which provides that if conditions on a specialist registrant’s general registration are changed or removed the conditions are to be changed in the same way on, or removed from, the registrant’s specialist registration.

s 112 70 Dental Practitioners Registration Act 2001 s 113 (2) If the board decides to register an applicant as a specialist registrant on conditions, it must as soon as practicable— (a) also decide the review period applying to the conditions; 13 and (b) give the applicant an information notice about the decisions. 112 Contravention of conditions A specialist registrant must not contravene a condition of the registration imposed under this Act. Maximum penalty—100 penalty units. Subdivision 8 Application of certain provisions 113 Application of certain provisions about general registration to specialist registration (1) The following provisions (the stated provisions ) apply to provisional specialist registration and specialist registration as if it were provisional general registration and general registration— (a) division 3 (Provisional general registration); (b) division 4 (Renewal of general registrations); (c) division 5 (Restoration of general registrations); (d) division 6 (Cancellation of general registrations); (e) division 7 (Reviewing conditions of general registrations), other than the provisions to the extent to which they relate to health assessments and other than section 98. 14 13 The conditions may be reviewed under division 7 (Reviewing conditions of general registrations) as applied by section 113. 14 Section 98 (Further decision required if certain conditions changed) provides for the decision to be made if the board decides to change conditions imposed because of the registrant’s mental and physical health.

s 113 71 Dental Practitioners Registration Act 2001 s 113 (2) For subsection (1), the stated provisions apply as if— (a) an applicant for general registration were an applicant for specialist registration; and (b) an application for general registration were an application for specialist registration; and (c) general registration were specialist registration; and (d) provisional general registration were provisional specialist registration; and (e) a certificate of provisional general registration were a certificate of provisional specialist registration; and (f) a provisional general registrant were a provisional specialist registrant; and (g) a certificate of general registration were a certificate of specialist registration; and (h) a general registrant were a specialist registrant; and (i) the profession were the specialty to which the specialist registration relates; and (j) the registration fee were the specialist registration fee; and (k) the restoration fee were the specialist restoration fee; and (l) a general registration period were a specialist registration period; and (m) an applicant for renewal of general registration were an applicant for renewal of specialist registration; and (n) an application for renewal of general registration were an application for renewal of specialist registration; and (o) an applicant for restoration of general registration were an applicant for restoration of specialist registration; and (p) an application for restoration of general registration were an application for restoration of specialist registration.

s 114 72 Dental Practitioners Registration Act 2001 s 115 (3) The approved form for a certificate of provisional specialist registration must also provide for the inclusion of the specialty to which the registration relates. Subdivision 9 Miscellaneous 114 Additional information to be included in show cause notice (1) This section applies if the board gives a specialist registrant or a provisional specialist registrant a show cause notice in relation to the registrant’s general registration. (2) In addition to the matters mentioned in section 83(2), the show cause notice must state that if the general registration is cancelled, the specialist registration or provisional specialist registration ends. 115 Effect on specialist registration if general registration ceases to have effect (1) This section applies if a specialist registrant’s or provisional specialist registrant’s general registration ends under this Act. (2) The registrant’s specialist registration or provisional specialist registration ends on the same day (the effective day ) as the day the general registration ends. (3) Subsection (2) applies despite section 71, as applied by section 113(1). (4) If the registrant’s general registration is cancelled by the board, the information notice given to the registrant about the decision to cancel the general registration must also include a direction to the registrant to return the certificate of specialist registration or certificate of provisional specialist registration 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.

s 116 73 Dental Practitioners Registration Act 2001 s 116 116 Effect on specialist registration if conditions on general registration are changed or removed (1) This section applies if— (a) a specialist registrant’s general registration is subject to conditions; 15 and (b) the conditions are changed or removed under this Act. (2) The conditions are taken to be— (a) for a decision to change conditions on the registrant’s general registration—changed in the same way on the registrant’s specialist registration; and (b) for a decision to remove conditions from the registrant’s general registration—removed from the registrant’s specialist registration. (3) The change to, or removal of, the conditions on the specialist registration takes effect on the same day as the day (the effective day ) the board’s decision to change or remove the conditions on the general registration takes effect. (4) Subsections (5) to (7) apply to a decision to change the conditions on the registrant’s general registration. (5) The information notice given to the registrant about the decision to change the conditions on the registrant’s general registration must also include a direction to the registrant to return the certificate of specialist registration within 14 days after the effective day. (6) The registrant must return the certificate of specialist registration to the board within 14 days after the effective day, unless the registrant has a reasonable excuse. Maximum penalty—10 penalty units. (7) On receiving the certificate, the board must— (a) amend the certificate in an appropriate way and return the amended certificate to the registrant; or 15 Under section 110(2) a person’s specialist registration is subject to the conditions attaching to the person’s general registration immediately before the person is registered as a specialist registrant.

s 117 74 Dental Practitioners Registration Act 2001 s 118 (b) if the board does not consider it practicable to amend the certificate, issue another certificate of specialist registration to the registrant to replace the certificate returned to the board. (8) For a decision to remove the conditions from the registrant’s general registration, the board must as soon as practicable after the effective day issue another certificate of specialist registration to the registrant that does not mention the removed conditions. (9) In this section— conditions means conditions other than any recency of practice conditions. 117 Restoration of specialist registration (1) This section applies if— (a) a person’s specialist registration expires; and (b) the person applies, under section 77, as applied by section 113(1)(c), for the restoration of the specialist registration. (2) The board must decide not to restore the person’s specialist registration if the person is not a general registrant. (3) Section 73, as applied under section 113(1)(c), is subject to this section. 118 Decision about recording certain conditions in register (1) This section applies if— (a) conditions ( health conditions ) are imposed under this Act on a specialist registrant’s general registration 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 specialist registration.

s 119 75 Dental Practitioners Registration Act 2001 s 120 Division 9 Special purpose registrations Subdivision 1 Applications for special purpose registration 119 Undertaking of special activities relating to the profession (1) A person may obtain special purpose registration to undertake 1 or more of the following activities (the special activities ) relating to the profession— (a) study or train at postgraduate level; (b) teach; (c) engage in research; (d) give clinical demonstrations; (e) practise the profession, under the PSDW scheme, at a dental health service facility operated by the State. (2) In this section— PSDW scheme means the public sector dental workforce scheme established by the Australian Health Ministers’ Conference on 28 November 2003. Editor’s note — Details of the scheme may be obtained from the web site on the internet of the Australian Dental Council at <www.dentalcouncil.net.au>. 120 Application of divs 2 and 3 (1) For a person being registered as a special purpose registrant, division 2, other than sections 43 and 44 and subdivisions 6 and 7, and division 3 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

s 121 76 Dental Practitioners Registration Act 2001 s 122 (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 (g) a provisional general registration were a provisional special purpose registration; and (h) a certificate 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— (a) details of the special activity for which the registrant is registered; and (b) if the special activity involves the practice of a specialty, details of the specialty to be practised. 121 Eligibility An applicant for special purpose registration is eligible for special purpose registration if the applicant— (a) has a qualification required for special purpose registration; and (b) is fit to practise the profession. 122 Qualifications for special purpose registration (1) An applicant for special purpose registration has a qualification required for special purpose registration 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—

s 124 77 Dental Practitioners Registration Act 2001 s 126 (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. 124 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. 125 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. (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. 126 Contravention of conditions A special purpose registrant must not contravene a condition of the registration imposed under this Act. Maximum penalty—100 penalty units.

s 126A 78 Dental Practitioners Registration Act 2001 s 129 Subdivision 2 Renewal of special purpose registrations 126A Non-application of sdiv 2 to short-term registration This subdivision does not apply to a short-term registration. 127 Application of div 4, sdivs 2 and 3 For renewing a special purpose registration, division 4, subdivisions 2 and 3, other than section 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. 128 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 fit to practise the profession. 129 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

s 129A 79 Dental Practitioners Registration Act 2001 s 131 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. 129A Condition of practice under supervision (1) This section applies if, under section 129(1), a person is registered as a special purpose registrant on condition the registrant carry out the registrant’s practice under supervision. (2) The board may ask a person involved in the supervision to give information to the board about the supervised practice. 130 Period of renewed special purpose registration (1) If the board decides to renew a special purpose registration, the registration remains in force for the period, not more than 1 year, decided by the board when deciding to renew the registration. (2) However, if the registrant is registered to undertake the activity mentioned in section 119(1)(e), the period of renewed registration must not result in the registration being in force for more than 3 years from the day of initial registration. Subdivision 3 Cancellation of special purpose registrations 131 Application of div 6 For cancelling a special purpose registration, division 6, other than section 82, applies as if— (a) a general registration were a special purpose registration; and

s 132 80 Dental Practitioners Registration Act 2001 s 132A (b) a certificate of general registration were a certificate of special purpose registration. 132 Grounds for cancellation Each of the following is a ground for cancelling a special purpose registration— (a) the registrant has practised the profession 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, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; (d) the registrant has contravened a condition of the registration; (e) the registration happened because the board was given, by the registrant or someone else, information or a document that— (i) was materially false, within the meaning given by section 232(1), at the time it was given; or (ii) became materially false, within the meaning given by section 232(1), after it was given; (f) the registrant ceases to have, or does not have, the qualifications necessary for registration. Subdivision 4 Changing or removing conditions 132A Changing conditions (1) This section applies if the board reasonably believes the conditions imposed on a special purpose registration under this Act need to be changed for the registrant to competently and safely undertake the activity the subject of the registration. (2) The board must give the registrant a notice (a show cause notice ) stating—

s 133 81 Dental Practitioners Registration Act 2001 s 133 (a) the board’s proposal to change the conditions; and (b) the ground for the proposed change; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) an invitation to the registrant to show within a stated period (the show cause period ) why the conditions should not be changed. (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. (4) The registrant may make written submissions about the show cause notice to the board in the show cause period. (5) The board must consider any submissions made under subsection (4) and decide whether or not to change the conditions in the way stated in the notice. (6) The board must give the registrant notice of its decision as soon as practicable after it is made. (7) If the board decides to change the conditions, it must as soon as practicable give the registrant an information notice about the decision. (8) The change takes effect when the information notice is given to the registrant and does not depend on the certificate of special purpose registration being amended to record the change or a replacement certificate of special purpose registration being issued. 133 Removal (1) This section 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 must decide to remove the conditions. (3) The board must give the registrant notice of the decision as soon as practicable after it is made.

s 133A 82 Dental Practitioners Registration Act 2001 s 133A (4) The board must, as soon as practicable after the decision is made, issue another certificate of special purpose registration to the registrant that does not mention the removed conditions. (5) The removal takes effect when notice of the decision is given to the registrant and does not depend on another certificate of special purpose registration being issued. Division 9A Dental auxiliary registration Subdivision 1 Applications for dental auxiliary registration 133A Procedural requirements for applications (1) An application for dental auxiliary registration 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; and (ii) the application fee prescribed under a regulation (the dental auxiliary application fee ); and (iii) the registration fee prescribed under a regulation (the dental auxiliary 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, written details of any conditions of the registration; and (d) state the category or categories of dental auxiliary to which the application relates. (2) The approved form may require the disclosure of the applicant’s criminal history.

s 133B 83 Dental Practitioners Registration Act 2001 s 133C (3) If the approved form requires the disclosure of the applicant’s criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure. (4) Information in the application must, if the approved form requires, be verified by a statutory declaration. Subdivision 2 Eligibility for dental auxiliary registration 133B Eligibility (1) An applicant for dental auxiliary registration is eligible for dental auxiliary registration if— (a) the applicant is qualified for dental auxiliary registration under section 133C; and (b) the applicant is fit to practise the profession. 16 (2) Without limiting subsection (1), the board may be satisfied the applicant is eligible for dental auxiliary registration by imposing conditions on the registration under section 133F. 133C When applicant is qualified for dental auxiliary registration (1) An applicant for dental auxiliary registration is qualified for registration if— (a) the applicant has a qualification prescribed under a regulation for the category or categories to which the application relates; or (b) the applicant has a qualification 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. 16 See section 45 which states the matters to which the board may have regard in deciding whether an applicant is fit to practise the profession.

s 133D 84 Dental Practitioners Registration Act 2001 s 133D (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; Example of attributes of a course— the course objectives and competencies (c) any other relevant issue. (3) In this section— current Australian or New Zealand qualification means an Australian or New Zealand qualification, 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 dental auxiliary registration, by the educational institution mentioned in relation to the qualification. Subdivision 3 Decision on applications 133D Decision The board must consider the application and decide to register, or refuse to register, the applicant as a dental auxiliary registrant in the category or categories to which the application relates.

s 133E 85 Dental Practitioners Registration Act 2001 s 133F Subdivision 4 Information in certificates of dental auxiliary registration 133E Forms of certificates of dental auxiliary registration (1) A certificate of dental auxiliary 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 category or categories to which the registration relates; (b) the period of the registration; (c) any conditions of registration. Subdivision 5 Conditions of dental auxiliary registration 133F Imposition of conditions by board (1) The board may decide to register an applicant for dental auxiliary registration for a category or categories on conditions the board considers necessary or desirable for the applicant to competently and safely practise the profession in the category or categories. (2) If an applicant is registered in more than 1 category, different conditions may be stated for each category. (3) If the board decides to register an applicant for dental auxiliary registration on 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. (4) If the board decides to register an applicant for dental auxiliary registration on conditions because of the applicant’s

s 133G 86 Dental Practitioners Registration Act 2001 s 133G 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. (5) The board must decide not to record details of the conditions mentioned in subsection (4) 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 6 Application of certain provisions 133G Application of certain provisions about general registration to dental auxiliary registration (1) The following provisions (the stated provisions ) apply to dental auxiliary registration and provisional dental auxiliary registration as if it were general registration and provisional general registration— (a) division 1 (Preliminary); (b) division 2 (Applications for general registration), other than sections 42, 43, 44, 51, 55 and 57; (c) division 3 (Provisional general registration); (d) division 4 (Renewal of general registrations); (e) division 5 (Restoration of general registrations); (f) division 6 (Cancellation of general registrations); (g) division 7 (Reviewing conditions of general registrations). (2) For subsection (1)(b), section 45(3) applies as if the reference in that subsection to section 44(1)(c) were a reference to section 133C(1)(c). (3) For subsection (1), the stated provisions apply as if— (a) an applicant for general registration were an applicant for dental auxiliary registration; and (b) an application for general registration were an application for dental auxiliary registration; and

s 133G 87 Dental Practitioners Registration Act 2001 s 133G (c) general registration were dental auxiliary registration; and (d) provisional general registration were provisional dental auxiliary registration; and (e) a certificate of provisional general registration were a certificate of provisional dental auxiliary registration; and (f) a provisional general registrant were a provisional dental auxiliary registrant; and (g) a certificate of general registration were a certificate of dental auxiliary registration; and (h) a general registrant were a dental auxiliary registrant; and (i) the profession were the category or categories of the profession to which the dental auxiliary registration relates; and (j) the registration fee were the dental auxiliary registration fee; and (k) the restoration fee were the dental auxiliary restoration fee; and (l) a general registration period were a dental auxiliary registration period; and (m) an applicant for renewal of general registration were an applicant for renewal of dental auxiliary registration; and (n) an application for renewal of general registration were an application for renewal of dental auxiliary registration; and (o) an applicant for restoration of general registration were an applicant for restoration of dental auxiliary registration; and (p) an application for restoration of general registration were an application for restoration of dental auxiliary registration.

s 134 88 Dental Practitioners Registration Act 2001 s 136 (4) The approved form for a certificate of provisional dental auxiliary registration must also provide for the inclusion of the category or categories to which the registration relates. Division 10 General provisions about registrations 134 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; or (b) restore a person’s registration. (2) The person is taken to be registered under this part. 135 Surrender of registrations (1) A registrant may surrender the registration by notice given to the board. 17 (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. 136 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. 17 See section 115 (Effect on specialist registration if general registration ceases to have effect).

s 137 89 Dental Practitioners Registration Act 2001 s 139 (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. 137 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. 138 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. 139 Notification of certain events to interstate regulatory authorities and other entities (1) This section applies if— (a) a person’s general registration, specialist registration, dental auxiliary registration or special purpose registration is cancelled under this Act; or (b) conditions are imposed, under this Act, on a person’s general registration, specialist registration, dental auxiliary registration or special purpose registration; or

s 139 90 Dental Practitioners Registration Act 2001 s 139 (c) conditions on a person’s general registration, specialist registration, dental auxiliary registration or special purpose registration are removed under this Act. (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) the chief executive; (b) other State regulatory authorities; (c) foreign regulatory authorities; (d) professional colleges of which the person is eligible to be a member; (e) professional associations of which the person is eligible to be a member; (f) an employer of the person; (g) the Health Insurance Commission; (h) the Health Quality and Complaints Commission; (i) the Minister; (j) another entity having a connection with the person’s practice as a general, dental auxiliary 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) the entity needs to know about the event; and (b) 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.

s 139AA 91 Dental Practitioners Registration Act 2001 s 139A State regulatory authorities means boards established under the health practitioner registration Acts. 139AA Short-term registration (1) An application may be made under this part for dental auxiliary, general, specialist or special purpose registration for a period of not more than 5 weeks. (2) The board may refuse the application if it is not satisfied the applicant has a good reason for a period of registration of that length. (3) Subsection (2) does not limit another provision of this part about deciding an application for registration. (4) If the board decides to grant the application, the registration remains in force for the period decided by the board and may not be renewed or restored. (5) However, a person may apply for registration under this part, including short-term registration, even if the board has previously granted an application by the person for short-term registration. Part 4 Obligations of registrants and other persons Division 1A Restricted practice of dentistry 139A Restriction (1) A person who is not a general registrant, provisional general registrant or medical practitioner, must not practise dentistry. Maximum penalty—1000 penalty units. (2) This section does not prohibit— (a) the extraction of a tooth by any person if— (i) the extraction is urgent; and

s 139A 92 Dental Practitioners Registration Act 2001 s 139A (ii) no general registrant, provisional general registrant or medical practitioner is available; and (iii) the extraction is performed without the application of a general or local anaesthetic; or (b) the provision of first aid treatment for dental emergencies; or (c) the application of a dressing to a tooth under the direction of a general registrant, provisional general registrant or medical practitioner; or (d) dentistry by a dental auxiliary registrant or provisional dental auxiliary registrant performing the following functions under the supervision of a supervising registrant— (i) the general functions of a dental auxiliary registrant; (ii) additional functions prescribed under a regulation that the dental auxiliary may perform because of the following— (A) qualifications prescribed under a regulation; (B) qualifications and experience that the Board considers qualifies the dental auxiliary to perform the additional functions; or (e) dentistry by a special purpose registrant or provisional special purpose registrant, other than a special purpose registrant or provisional special purpose registrant whose registration is based on a qualification as a dental auxiliary; or (f) dentistry by a special purpose registrant or provisional special purpose registrant whose registration is based on a qualification as a dental auxiliary, under the supervision of a supervising registrant; or (g) dentistry by a person, undertaking study or training in the practice of the profession to obtain a qualification for general registration, under the immediate personal supervision of a supervising registrant; or (h) dentistry by a person undertaking study about, or training in, the performance of the functions of a dental

s 139A 93 Dental Practitioners Registration Act 2001 s 139A auxiliary registrant, under the immediate personal supervision of a supervising registrant; or (i) dentistry by a dental auxiliary undergoing an examination conducted by or on behalf of the board under the immediate personal supervision of a supervising registrant. Example for subsection (2)(b) — the replacement of a footballer’s tooth in its socket after it has been dislodged in a football match Example for subsection (2)(c) — The application of a dressing to a tooth by a person in a community where a dentist is not available. A dentist gives instructions by phone to the person applying the dressing. (3) This section does not apply to the provision of a dental prosthetic service within the meaning of the Dental Technicians and Dental Prosthetists Registration Act 2001 by a person registered under that Act as a dental prosthetist. (4) In this section— dentistry means all or any of the following— (a) diagnosis of conditions of the mouth; (b) fitting or intra-oral adjustment for a person of artificial teeth or corrective or restorative dental appliances; (c) performance of exposure prone or irreversible procedures on a person’s teeth, jaw, mouth and associated structures. direction means direction by phone or other technology allowing reasonably contemporaneous and continuous oral communication. exposure prone procedure means— (a) a sub-mucosal invasion with a surgical instrument; or (b) a procedure dealing with sharp tissues or bone spicules in a body cavity or site. irreversible procedure means a treatment, or series of treatments, that causes a permanent change to the affected hard or soft tissues.

s 140 94 Dental Practitioners Registration Act 2001 s 140 supervising registrant means a registrant, other than the following— (a) a dental auxiliary registrant or provisional dental auxiliary registrant; (b) a special purpose registrant or provisional special purpose registrant whose registration is based on a qualification as a dental auxiliary. Division 1 Restricted titles and holding out 140 Taking of restricted dental auxiliary registrant title etc. (1) A person who is not a dental auxiliary registrant or a provisional dental auxiliary registrant must not take or use a restricted dental auxiliary registrant title. Maximum penalty—1000 penalty units. (2) Subsection (1) does not apply to a person if— (a) the person takes or uses the restricted dental auxiliary registrant title as part of a business name for a business providing professional services; and (b) in the carrying on of the business by the person, a dental auxiliary registrant or provisional dental auxiliary registrant provides the professional services; and (c) the professional services are for the category of dental auxiliary registration for which the dental auxiliary registrant or provisional dental auxiliary registrant is registered under this Act. (3) Also, subsection (1) does not apply to a person if the person— (a) is undertaking study or training in the practice of the profession to obtain a qualification for dental auxiliary registration in a category; and (b) takes or uses a restricted dental auxiliary registrant title for the category, in the course of the study or training, in conjunction with words that indicate the person is a student or trainee in the category.

s 140 95 Dental Practitioners Registration Act 2001 s 140 (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 dental auxiliary registrant for a category or provisional dental auxiliary registrant for a category, use a restricted dental auxiliary registrant title for the category. Maximum penalty—1000 penalty units. (5) Subsection (4) does not apply if— (a) the other person is undertaking study or training in the practice of the profession to obtain a qualification for dental auxiliary registration in a category; and (b) the first person uses a restricted dental auxiliary registrant title for the category, in the course of the study or training, in conjunction with words that indicate the other person is a student or trainee in the category. (6) A person who is not a dental auxiliary registrant for a category or a provisional dental auxiliary registrant for a category must not take or use a title (other than a restricted dental auxiliary registrant title), name, initial, symbol, word or description that, having regard to the circumstances in which it is used, indicates or could be reasonably understood to indicate— (a) the person is a dental auxiliary for the category; or (b) the person is authorised or qualified to practise the profession as a dental auxiliary for the category. 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 dental auxiliary registrant for a category or a provisional dental auxiliary registrant for a category, use a title (other than a restricted dental auxiliary registrant title), name, initial, symbol, word or description that, having regard to the circumstances in which it is used, indicates or could be reasonably understood to indicate— (a) the other person is a dental auxiliary for the category; or (b) the other person is authorised or qualified to practise the profession as a dental auxiliary for the category. Maximum penalty—500 penalty units.

s 140A 96 Dental Practitioners Registration Act 2001 s 140A (8) This section does not apply to the taking or using of a restricted dental auxiliary registrant title by or in relation to special purpose registrants or provisional special purpose registrants. 18 140A Taking of restricted general registrant title etc. (1) A person who is not a general registrant or a provisional general registrant must not take or use a restricted general registrant title. Maximum penalty—1000 penalty units. (2) Subsection (1) does not apply to a person if— (a) the person takes or uses the restricted general registrant title as part of a business name for a business providing professional services; and (b) in the carrying on of the business by the person, a general registrant or provisional general registrant provides the professional services. (3) Also, subsection (1) does not apply to a person if the person— (a) is undertaking study or training in the practice of the profession to obtain a qualification for general registration; and (b) takes or uses a restricted general registrant title, 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 general registrant or provisional general registrant, use a restricted general registrant title. Maximum penalty—1000 penalty units. (5) Subsection (4) does not apply if— 18 Section 140C deals with the restriction on the use of titles by special purpose registrants and provisional special purpose registrants.

s 140B 97 Dental Practitioners Registration Act 2001 s 140B (a) the other person is undertaking study or training in the practice of the profession to obtain a qualification for general registration; and (b) the first person uses a restricted general registrant title, 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 general registrant or a provisional general registrant must not take or use a title (other than a restricted general registrant title), name, initial, symbol, word or description that, having regard to the circumstances in which it is used, indicates or could be reasonably understood to indicate— (a) the person is a dental practitioner; or (b) the person is authorised or qualified to practise the profession as a general registrant. 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 general registrant or provisional general registrant, use a title (other than a restricted general registrant title), name, initial, symbol, word or description that, having regard to the circumstances in which it is used, indicates or could be reasonably understood to indicate— (a) the other person is a dental practitioner; or (b) the other person is authorised or qualified to practise the profession as a general registrant. Maximum penalty—500 penalty units. (8) This section does not apply to the taking or using of a restricted general registrant title by or in relation to special purpose registrants or provisional special purpose registrants. 140B Taking of restricted dental auxiliary registrant title for which not registered (1) A dental auxiliary registrant or provisional dental auxiliary registrant must not take or use a restricted dental auxiliary

s 140C 98 Dental Practitioners Registration Act 2001 s 140C registrant title for a category unless the registrant is a dental auxiliary registrant or provisional dental auxiliary registrant for the category. Maximum penalty—1000 penalty units. (2) Subsection (1) does not apply to a registrant if— (a) the registrant takes or uses the restricted dental auxiliary registrant title for a category as part of a business name for a business providing professional services; and (b) in the carrying on of the business by the registrant, a dental auxiliary registrant or provisional dental auxiliary registrant provides the professional services; and (c) the professional services are for the category of dental auxiliary registration for which the dental auxiliary registrant or provisional dental auxiliary registrant is registered under this Act. (3) Also, subsection (1) does not apply to a registrant if the registrant— (a) is undertaking study or training in the practice of the profession to obtain a qualification for dental auxiliary registration in a category; and (b) takes or uses a restricted dental auxiliary registrant title for the category, in the course of the study or training, in conjunction with words that indicate the person is a student or trainee in the category. (4) This section does not apply to the taking or using of a restricted dental auxiliary registrant title by or in relation to special purpose registrants or provisional special purpose registrants. 140C Restriction on use of titles by special purpose registrants and provisional special purpose registrants (1) A person who is a special purpose registrant or provisional special purpose registrant must not take or use a restricted title unless the title relates to the special activity for which the registrant is registered under this Act. Maximum penalty—1000 penalty units.

s 141 99 Dental Practitioners Registration Act 2001 s 141 (2) A person must not, in relation to a special purpose registrant or provisional special purpose registrant, use a restricted title unless the title relates to the special activity for which the registrant is registered under this Act. Maximum penalty—1000 penalty units. (3) A special purpose registrant or provisional special purpose registrant 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 used, indicates or could be reasonably understood to indicate the registrant is able to perform a special activity for which the registrant is not registered under this Act. Maximum penalty—500 penalty units. (4) A person must not, in relation to a special purpose registrant or provisional special purpose registrant, 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 used, indicates or could be reasonably understood to indicate the registrant is able to perform a special activity for which the registrant is not registered under this Act. Maximum penalty—500 penalty units. 141 Taking of restricted specialist title etc. (1) A person who is not a specialist registrant or provisional specialist registrant in a specialty must not take or use a restricted specialist title for the specialty. Maximum penalty—1000 penalty units. (2) Subsection (1) does not apply to a person if— (a) the person takes or uses a restricted specialist title for a specialty as part of a business name for a business providing professional services in the specialty; and (b) in the carrying on of the business by the person, a specialist registrant or provisional specialist registrant in the specialty provides professional services in the specialty. (3) Also, subsection (1) does not apply to a person if—

s 141 100 Dental Practitioners Registration Act 2001 s 141 (a) the person— (i) is undertaking study or training in the practice of a specialty to obtain a qualification for registration in the specialty; and (ii) takes or uses a restricted specialist title for the specialty, in the course of the study or training, in conjunction with words that indicate the person is a student or trainee in the specialty; or (b) the person is registered as a special purpose registrant or provisional special purpose registrant for a special purpose that involves the practice of the specialty. (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 specialist registrant or a provisional specialist registrant in a specialty, use a restricted specialist title for the specialty. Maximum penalty—1000 penalty units. (5) Subsection (4) does not apply to the first person if the other person is registered as a special purpose registrant or a provisional special purpose registrant for a purpose that involves the practice of the specialty. (6) Also, subsection (4) does not apply if— (a) the other person is undertaking study or training in the practice of a specialty to obtain a qualification for registration in the specialty; and (b) the first person uses a restricted specialist title for the specialty 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 specialty. (7) A person must not use the word ‘specialist’ or ‘specialty’ in circumstances that indicate, or could be reasonably understood to indicate, the person provides professional services in an area that is not a specialty. Maximum penalty—1000 penalty units. (8) A person (the first person ) must not, in relation to another person (the second person ) use the word ‘specialist’ or

s 142 101 Dental Practitioners Registration Act 2001 s 144 ‘specialty’ in circumstances that indicate, or could be reasonably understood to indicate, the second person provides professional services in an area that is not a specialty. Maximum penalty for subsection (8)—1000 penalty units. 142 Use of title ‘doctor’ (1) A registrant must not use the title of doctor unless the registrant uses the title followed by— (a) the registrant’s name and the words ‘dentist’, ‘dental surgeon’ or ‘dental practitioner’; or (b) for a specialist registrant, provisional specialist registrant, special purpose registrant or provisional special purpose registrant whose special activity involves the practice of a specialty—the registrant’s name and the restricted specialist title for the specialty. Maximum penalty—500 penalty units. (2) In this section— title includes description and status. 143 Claims by persons as to registration A person who is not a registrant must not— (a) claim, or hold himself or herself out, to be registered under this Act; or (b) allow himself or herself to be held out as being registered under this Act; or (c) claim, or hold himself or herself out, to be eligible to be registered under this Act. Maximum penalty—1000 penalty units. 144 Claims by persons as to other persons’ registration (1) A person must not hold out another person as being registered under this Act if the person knows, or ought reasonably to know, the other person is not registered under this Act. Maximum penalty—1000 penalty units.

s 145 102 Dental Practitioners Registration Act 2001 s 145 Example — A person carrying on a business providing professional services must not hold out that an employee of the person is registered under this Act if the person knows the employee is not registered under this Act. (1A) A person must not hold out another person as being a dental auxiliary registrant if the person knows, or ought reasonably to know, the other person is not a dental auxiliary registrant. Maximum penalty—1000 penalty units. (1B) A person must not hold out another person as being a dental auxiliary registrant for a category if the person knows, or ought reasonably to know, the other person is not a dental auxiliary registrant for the category. Maximum penalty—1000 penalty units. (1C) A person must not hold out another person as being a general registrant if the person knows, or ought reasonably to know, the other person is not a general registrant. Maximum penalty—1000 penalty units. (2) A person must not hold out another person as being a specialist registrant if the person knows, or ought reasonably to know, the other person is not a specialist registrant. Maximum penalty—1000 penalty units. (3) A person must not hold out another person as being registered under this Act in a particular specialty if the person knows, or ought reasonably to know, the other person is not registered under this Act in the specialty. Maximum penalty—1000 penalty units. 145 Restrictions on registrants A registrant must not— (a) claim, or hold himself or herself out to be a registrant for a type of registration for which he or she is not registered under this Act; or (b) allow himself or herself to be held out as a registrant for a type of registration for which he or she is not registered under this Act; or

s 147 103 Dental Practitioners Registration Act 2001 s 150 (c) claim, or hold himself or herself out, to be eligible to be a registrant for a type of registration for which he or she is not eligible to be registered under this Act. Maximum penalty—100 penalty units. 147 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 3 Advertising 150 Obligations of advertisers (1) A person must not advertise a professional service, or a business providing professional services, in a way that— (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

s 151 104 Dental Practitioners Registration Act 2001 s 151 (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 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. 151 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 (b) otherwise—the business name of the business (whether or not the name is registered under the Business Names Act 1962 ) is stated in the advertisement. Maximum penalty—50 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.

s 152 105 Dental Practitioners Registration Act 2001 s 153 Division 4 Registrants’ autonomy 152 Aiding, 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). Maximum penalty—1000 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 153 Persons may be prohibited from supplying health services etc. (1) This section applies if a person is convicted of an offence against section 139A, 140, 140A, 140B, 141, 143, 144, 150(1)(a), (2) or (3), 152(1) or 156. (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). (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.

s 154 106 Dental Practitioners Registration Act 2001 s 154 (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)—1000 penalty units. 154 Injunctions (1) This section applies if— (a) a person (the offending party )— (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 140, 140A, 140B, 141, 143, 144, 150(1)(a), (2) or (3) or 152(1).

s 154 107 Dental Practitioners Registration Act 2001 s 154 (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. (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.

s 155 108 Dental Practitioners Registration Act 2001 s 155 (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 155 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 1 or section 150(1)(a), (2) or (3) or 152(1); or (b) anybody has given, or may give, evidence to the court in proceedings for an offence against division 1 or section 150(1)(a), (2) or (3) or 152(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. (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.

s 156 109 Dental Practitioners Registration Act 2001 s 158 156 Offence for taking reprisal A person who takes a reprisal commits an offence. Maximum penalty—167 penalty units or 2 years imprisonment. 157 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 158 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.

s 159 110 Dental Practitioners Registration Act 2001 s 162 Part 5 Investigation and enforcement Division 1 Inspectors 159 Functions of inspectors An inspector has the function of conducting investigations and inspections to enforce compliance with this Act. 160 Powers of inspectors For this Act, an inspector has the powers given to the person under this Act. 161 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 162 Appointments The board may appoint the following persons as an inspector— (a) a member; (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.

s 163 111 Dental Practitioners Registration Act 2001 s 165 163 Appointment conditions (1) An inspector holds office on the conditions stated in the instrument of appointment. (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. 164 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. 165 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.

s 166 112 Dental Practitioners Registration Act 2001 s 167 166 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 (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 167 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.

s 168 113 Dental Practitioners Registration Act 2001 s 168 Subdivision 2 Procedure for entry 168 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 167(1)(a). (2) Before asking for the consent, the inspector must tell the occupier— (a) the purpose of the entry; and (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 167(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.

s 169 114 Dental Practitioners Registration Act 2001 s 170 169 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. 170 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.

s 171 115 Dental Practitioners Registration Act 2001 s 171 171 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— (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

s 172 116 Dental Practitioners Registration Act 2001 s 172 (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. 172 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— (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 171(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.

s 173 117 Dental Practitioners Registration Act 2001 s 174 Subdivision 3 Powers after entry 173 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 (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. 174 Failure to help inspector (1) A person required to give reasonable help under section 173(3)(f) must comply with the requirement, unless the person has a reasonable excuse.

s 175 118 Dental Practitioners Registration Act 2001 s 177 Maximum penalty—50 penalty units. (2) If an individual is required under section 173(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. 175 Failure to give information (1) A person of whom a requirement is made under section 173(3)(g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 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 176 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 thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act. 177 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.

s 178 119 Dental Practitioners Registration Act 2001 s 178 (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. 178 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 (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

s 179 120 Dental Practitioners Registration Act 2001 s 181 179 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. 180 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)—50 penalty units. 181 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.

s 182 121 Dental Practitioners Registration Act 2001 s 182 (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. 182 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. (5) Regard must be had to a thing’s nature, condition and value— (a) in deciding—

s 183 122 Dental Practitioners Registration Act 2001 s 184 (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. 183 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. 184 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) a review by QCAT under section 198(1); or (b) an appeal, relevant to the thing, of which the executive officer is aware.

s 185 123 Dental Practitioners Registration Act 2001 s 187 185 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 a 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. 186 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 187 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. (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.

s 188 124 Dental Practitioners Registration Act 2001 s 189 (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 . 188 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—50 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. 189 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 .

s 190 125 Dental Practitioners Registration Act 2001 s 192 190 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—50 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. 191 Power to require information (1) This section applies if an inspector reasonably believes— (a) an offence against this Act has been committed; and (b) a person 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—50 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 192 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.

s 193 126 Dental Practitioners Registration Act 2001 s 193 (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. (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. 193 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— • 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.

s 194 127 Dental Practitioners Registration Act 2001 s 196 (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. 194 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—50 penalty units. 195 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—50 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. 196 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.

s 197 128 Dental Practitioners Registration Act 2001 197 Impersonation of inspectors A person must not pretend to be an inspector. Maximum penalty—50 penalty units. s 199 Part 6 Reviews by QCAT 198 Who may apply for a review (1) A person who is given, or is entitled to be given, an information notice for a decision (the original decision ) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. (2) To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. 199 Particular matters relating to powers of QCAT (1) If QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 7, decide and state the review period applying to the conditions. (2) If QCAT 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. (3) QCAT must decide not to record details of the conditions mentioned in subsection (2) 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.

s 203 129 Dental Practitioners Registration Act 2001 s 206 Part 7 Legal proceedings Division 1 Evidence 203 Application of division This division applies to a proceeding under this Act. 204 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. 205 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. 206 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) a record, or an extract from a record; (v) the register, or an extract from the register;

s 207 130 Dental Practitioners Registration Act 2001 s 208 (b) a stated document is another document kept under this Act; (c) a stated document is a copy of a thing mentioned in paragraph (a) or (b); (d) on a stated day, or during a stated period, a stated person was or was not a registrant; (e) on a 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) on a stated day, a registration was cancelled; (g) on a 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) on a stated day, a stated requirement was made of a stated person. Division 2 Proceedings 207 Indictable and summary offences (1) An offence against section 156 is an indictable offence. (2) Any other offence against this Act is a summary offence. 208 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—

s 209 131 Dental Practitioners Registration Act 2001 s 210 (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) a plea 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). 209 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 . 210 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

s 211 132 Dental Practitioners Registration Act 2001 s 213 (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. 211 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’. 212 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. 213 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— (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—

s 214 133 Dental Practitioners Registration Act 2001 s 214 (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. 214 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. (4) However, it is a defence for an executive officer to prove— (a) 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 (b) the officer was not in a position to influence the conduct of the corporation in relation to the offence.

s 215 134 Dental Practitioners Registration Act 2001 s 215 Part 8 Register, records and information Division 1 Register 215 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) the registrant’s name; (b) an address of the registrant notified by the registrant to the board; (c) whether the registrant is a general registrant, provisional general registrant, specialist registrant, provisional specialist registrant, dental auxiliary registrant, provisional dental auxiliary registrant, special purpose registrant or provisional special purpose registrant; (d) the qualification relied on by the registrant to obtain registration; (e) if the registrant is a special purpose registrant or provisional special purpose registrant— (i) details of the special activity for which the registrant is registered; and (ii) if the special activity involves the practice of a specialty, details of the specialty; (f) if the registrant is a specialist registrant or provisional specialist registrant—the specialty in which the registrant is registered; (fa) if the registrant is a dental auxiliary registrant—the category or categories in which the registrant is registered under this Act;

s 216 135 Dental Practitioners Registration Act 2001 s 217 (g) 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 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)(i), the fact or details must be recorded in the register for the period the conditions are in force. 216 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 217 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

s 218 136 Dental Practitioners Registration Act 2001 s 218 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; (d) other details prescribed under a regulation. (2) The records must be kept for at least 10 years. Division 3 Information 218 Confidentiality of information (1) This section applies to a person (the relevant person ) who is or was— (a) a member; or (b) a member of a committee; or (c) appointed by the board to conduct a health assessment of another person; or (d) an inspector; or (e) the executive officer or a member of the office’s staff; or (f) 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) 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

s 219 137 Dental Practitioners Registration Act 2001 s 219 (b) if the disclosure is authorised under this or another Act; or (c) if the disclosure is otherwise required or permitted by law; or (d) if the person to whom the information relates agrees to the disclosure; or (e) if the disclosure is in a form that does not disclose the identity of a person; or (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 this Act. 219 Board’s annual report must disclose authorisation (1) This section applies if the board is given information, under section 218(5), in a financial year about an authorisation.

s 220 138 Dental Practitioners Registration Act 2001 s 221 (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. Part 9 Miscellaneous Division 1 Abandoned, and other, health records 220 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 profession. possess , a health record, includes having the record under control in any place, whether or not another person has custody of the record. 221 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

s 222 139 Dental Practitioners Registration Act 2001 s 223 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)—50 penalty units. 222 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. 223 Health records of persons convicted of an offence against s 139A, 140(1) or (6), 140A(1) or (6), 140B(1), 141(1) or 143 (1) This section applies to a person who is convicted of an offence against section 139A, 140(1) or (6), 140A(1) or (6), 140B(1), 141(1) or 143. (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—50 penalty units. (4) If the person does not comply with the notice, the board may take and keep possession of the records.

s 224 140 Dental Practitioners Registration Act 2001 s 226 224 Dealing with certain health records seized under s 176 or 177 (1) This section applies if, under section 176 or 177, an inspector seizes health records that the board may take and keep possession of under section 221 or 223. (2) The inspector must deliver the health records into the possession of the board to be dealt with under this division. (3) Sections 182, 185 and 186 do not apply to health records delivered to the board under subsection (2). 225 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 (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. 226 Destruction of health records (1) This section applies if the board destroys a health record under section 225(2)(d). (2) Compensation is not recoverable against the board because of the destruction of the record.

s 227 141 Dental Practitioners Registration Act 2001 s 228 Division 2 Continuing professional education of registrants 227 Continuing professional education programs (1) The board may develop or recognise a program for the continuing professional education of registrants. (2) The board must give notice to all registrants, to whom the program is relevant, of details of the program. (3) The program may state the minimum continuing professional education requirements a registrant 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)—50 penalty units. Division 3 Declared events 228 Definitions for div 3 In this division— declaration period see section 229(3). declared event means an event declared to be a declared event under section 229(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;

s 229 142 Dental Practitioners Registration Act 2001 s 230 (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; and (c) is appointed, employed, contracted or otherwise engaged to provide professional services to a participant in relation to the event. 229 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 ). (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. 230 Deemed 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), during the declaration period for the event, the practitioner is taken to be the following kind of registrant in relation to the provision of professional services to a participant in the event— (a) if the practitioner’s registration under an interstate law is equivalent to general registration under this Act—a general registrant;

s 230A 143 Dental Practitioners Registration Act 2001 s 230A (b) if the practitioner’s registration under an interstate law is equivalent to specialist registration under this Act in a specialty—a specialist registrant in the specialty; (c) if the practitioner’s registration under an interstate law is equivalent to dental auxiliary registration under this Act—a dental auxiliary registrant. (3) The practitioner’s deemed general, specialist or dental auxiliary registration under subsection (2) is taken to be subject to any conditions of the practitioner’s relevant registration under an interstate law. (4) Part 3, divisions 4 to 8 and 10 do not apply to the practitioner while the practitioner is taken, under subsection (2), to be a general, specialist or dental auxiliary registrant. (5) The practitioner is not taken to be a registrant for the operation of sections 37(1)(b) and 215. Division 4 Other provisions 230A Provision of certain professional services by interstate practitioners (1) This section applies to an interstate practitioner in relation to the provision of any of the following professional services by the practitioner in Queensland— (a) a professional service provided in an emergency; (b) a professional service provided to a patient of the practitioner while the patient is being transported— (i) from a place outside Queensland to a place in Queensland or vice versa; or (ii) from a place in Queensland to another place in Queensland as part of a transportation mentioned in subparagraph (i). (2) The interstate practitioner is taken to be the following kind of registrant in relation to the provision of any of the services by the practitioner in Queensland—

s 231 144 Dental Practitioners Registration Act 2001 s 231 (a) if the practitioner’s registration under the interstate law is equivalent to general registration under this Act—a general registrant; (b) if the practitioner’s registration under the interstate law is equivalent to specialist registration in a specialty—a specialist registrant in the specialty. (3) The practitioner’s deemed general or specialist registration under subsection (2) is taken to be subject to any conditions of the practitioner’s relevant registration under an interstate law. (4) In this section— interstate law means a law of another State or New Zealand that provides for the same matter as this Act. interstate practitioner means a person who is not a registrant but is registered under an interstate law. 231 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— (a) a member; or (b) a committee 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) a person acting under the direction or authority of an inspector.

s 231A 145 Dental Practitioners Registration Act 2001 s 232 231A Protection for persons involved in supervising special purpose registrants (1) This section applies to a person who, honestly and on reasonable grounds, gives information to the board in response to a request made under section 129A(2). (2) The person is not liable, civilly, criminally or under an administrative process, for giving the information. (3) Without limiting subsection (2)— (a) in a proceeding for defamation the person has a defence of absolute privilege for publishing the information; and (b) if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice, the person— (i) does not contravene the Act, oath, rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information. 232 False or misleading information or documents (1) For this section— (a) information is taken to be materially false if— (i) the information is false or misleading in a material particular; or (ii) regardless of the literal truth of the information, it has a propensity to mislead or deceive the board in a material particular, including through the omission of other material information; and (b) a document is taken to be materially false if— (i) the document contains or conveys information that is materially false; or (ii) the document contains or conveys information that, by the time the document is given to the board, has become materially false; or (iii) the document—

s 232 146 Dental Practitioners Registration Act 2001 s 232 (A) is, or purports to be, a copy of an original document; and (B) is not, in a material particular, a true, accurate and complete copy of the original document; or (iv) the document— (A) is, or purports to be, an extract from or summary of an original document; and (B) fails, in a material particular, to convey a true, accurate and complete representation of the information contained in the original document. (2) A person must not give the board— (a) information that is materially false to the knowledge of the person; or (b) a document that is materially false to the knowledge of the person. Maximum penalty—200 penalty units. (3) A person must not contravene subsection (2) in connection with an application for registration by the person or someone else. Maximum penalty—2000 penalty units or 3 years imprisonment. (4) A person must convey the relevant facts to the board as soon as reasonably practicable after the person— (a) being a registrant, becomes aware that information or a document that was given to the board in connection with the person’s registration— (i) was materially false when it was given to the board; or (ii) has since become materially false; or (b) being a person who previously gave information or a document to the board, becomes aware that the information or document—

s 232 147 Dental Practitioners Registration Act 2001 s 232 (i) was materially false when it was given to the board; or (ii) has since become materially false. Maximum penalty—200 penalty units. (5) A registrant must not act or practise as a registrant, or continue to do so, if— (a) the registrant committed a contravention of subsection (2) in connection with the registrant’s application for registration; or (b) the registrant was knowingly concerned in, or a party to, a contravention of subsection (2) in connection with the registrant’s application for registration; or (c) the registrant has failed to convey the relevant facts to the board after becoming aware that information or a document that was given to the board in connection with the registrant’s registration— (i) was materially false when it was given to the board; or (ii) has since become materially false. Maximum penalty—2000 penalty units or 3 years imprisonment. (6) To remove any doubt, it is declared that in this section— material particular , in relation to an application for registration, is not limited to a particular that would have been determinative of the application, but includes any particular that, had it been known to the board at the relevant time, might have influenced the board, a member, the executive officer or a member of the office’s staff in— (a) granting or refusing the application; or (b) deciding the capacity in which the applicant may be registered; or (c) imposing a condition, qualification or restriction on registration granted to the applicant; or (d) fixing the period of the registration granted to the applicant; or

s 233 148 Dental Practitioners Registration Act 2001 s 236 (e) making further inquiries or conducting further investigations in connection with the application. registration means— (a) registration as a registrant; or (b) renewal of registration as a registrant; or (c) restoration of registration as a registrant. 233 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—50 penalty units. 234 Application of provisions (1) This section applies if a provision of this Act applies another provision of this Act for a purpose. (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. 235 Approval of forms The board may approve forms for use under this Act. 236 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.

s 237 149 Dental Practitioners Registration Act 2001 s 239 237 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. Part 10 Repeal, transitional and savings provisions Division 1 Repeal 238 Repeal of Dental Act 1971 The Dental Act 1971 (1971 Act No. 61) is repealed. Division 2 Transitional provisions for Dental Practitioners Registration Act 2001 239 Definitions for div 2 In this division— column 1 registration see section 250(1). column 2 registration see section 250(2).

s 240 150 Dental Practitioners Registration Act 2001 s 242 commencement means commencement of this section. 19 former board means the Dental Board of Queensland under the repealed Act. item , followed by a number, in relation to a column 1 or 2 registration, means the column 1 or 2 registration identified in the table in section 250(1) by the item number. 240 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. 241 Board is the legal successor (1) The board is the successor in law of the former board. (2) Sections 242 to 246 do not limit subsection (1). 242 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. 19 Section 239 commenced 1 January 2002 (see 2001 SL No. 258).

s 243 151 Dental Practitioners Registration Act 2001 s 247 243 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. 244 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. 245 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. 246 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 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 20 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 . 247 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 ).

s 248 152 Dental Practitioners Registration Act 2001 s 248 (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. (9) In this section— 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. 248 Chairperson and deputy chairperson of board (1) From the commencement— (a) the existing president is taken to be the chairperson of the board as constituted under section 247; and (b) the existing deputy president is taken to be the deputy chairperson of the board as constituted under section 247. (2) The existing president ceases to hold office as the chairperson if the existing president vacates the office of chairperson under this Act.

s 249 153 Dental Practitioners Registration Act 2001 s 249 (3) The existing deputy president ceases to hold office as the deputy chairperson if the existing deputy president vacates the office of deputy chairperson under this Act. (4) This section has effect despite section 19(1) and (3). (5) In this section— existing deputy president means the person who, immediately before the commencement, held office as the deputy president of the former board. existing president means the person who, immediately before the commencement, held office as the president of the former board. 249 Appeals (1) Subsection (2) applies if— (a) a person has appealed to the District Court under repealed section 29 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. (3) Subsection (4) applies if— (a) immediately before the commencement a person could have appealed to the District Court under the repealed section 29 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.

s 250 154 Dental Practitioners Registration Act 2001 s 250 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 dentist under the repealed Act, the District Court may order that the board register the person under this Act. (6) In this section— repealed section 29 means section 29 of the repealed Act. 250 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 dentist under section general registration 18(1)(a) of the repealed Act 2 for a person with a prescribed Australian general registration qualification—registration as a dentist under section 18(1)(b) of the repealed Act 3 registration as a dental specialist in a specialist registration specialty under section 18(6) or (7) of the in the specialty repealed Act 4 limited registration as a dentist, under special purpose section 20(1) or limited registration as a registration for the dental specialist under section 20(3) of the purpose repealed Act, for a purpose mentioned in section 20(1)(d)(i) or (ii) 5 registration, under section 20A of the special purpose repealed Act, for the purpose of registration for the postgraduate study or research in a stated purpose branch of dentistry 6 provisional registration as a dentist under provisional general section 26H of the repealed Act registration.

s 251 155 Dental Practitioners Registration Act 2001 s 251 (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 1 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) 31 December 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. (6) A regulation prescribing a branch of dentistry to be a specialty (the new specialty ) may state that the new specialty includes, or is the equivalent of, a particular specialty prescribed under the repealed Act (the previous specialty ). (7) Subsection (8) applies if a regulation is made under subsection (6). (8) For applying this section in relation to the previous specialty, a reference in item 3, column 2, in subsection (1) to ‘the specialty’ is taken to be a reference to the new specialty. (9) In this section— prescribed Australian qualification means a qualification mentioned in section 18(1)(b) of the repealed Act conferred by an educational institution in Australia. 251 Removal of conditions imposed under repealed Act (1) This section applies to conditions mentioned in section 250(3) that were imposed, under the repealed Act, on an item 4 or 5 column 1 registration. (2) Section 133 applies to the conditions as if the conditions had been imposed on the registration under this Act.

s 252 156 Dental Practitioners Registration Act 2001 s 253 252 Existing overseas conditional registration (1) This section applies if, immediately before the commencement, a person held overseas conditional registration as a dentist, under section 18(2) of the repealed Act, for a stated period. (2) The person is taken to hold general registration for the stated period. (3) The general registration may not be renewed. (4) If, before the end of the stated period, the board is satisfied the person is practising the profession in Queensland, the board may register the person as if the person were eligible for general registration under part 3, division 2, subdivision 2. 253 Existing applications for certain column 1 registrations (1) This section applies to any of the following applications made under the repealed Act, and not decided before the commencement— (a) an application for an item 1, 2, 3, 4 or 5 column 1 registration; (b) an application for registration as a dentist by a person with a prescribed overseas qualification or a qualification mentioned in section 18(1)(c) of the repealed Act. (2) The application must be decided under this Act. (3) The application is taken to be— (a) for an application mentioned in subsection (1)(a)—for the column 2 registration shown opposite the column 1 registration; and (b) for an application mentioned in subsection (1)(b)—for general registration. (4) Part 3, division 2, 8 or 9 applies to the application. (5) However, the provisions of this Act 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.

s 254 157 Dental Practitioners Registration Act 2001 s 254 (6) In this section— application fee includes a specialist application fee. prescribed overseas qualification means a qualification mentioned in section 18(1)(b) of the repealed Act conferred by an educational institution in a country other than Australia. registration fee includes a specialist registration fee. 254 Existing applications for restoration of certain column 1 registrations (1) An application for the restoration of an item 1, 2, 3, 4 or 5 column 1 registration made under section 24(6) 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, or part 3, division 5 as applied by section 113(1)(c), applies to the application. (4) However, the following provisions do not apply to the application— (a) for an application to which part 3, division 5 applies— (i) the provisions, applied by section 76, to the extent to which they relate to recency of practice requirements; and (ii) sections 77, 78 and 81; (b) for an application to which part 3, division 5, as applied by section 113(1)(c) applies— (i) the provisions, applied by section 76, to the extent to which they relate to recency of practice requirements, as applied under section 113(1)(c); and (ii) sections 77, 78 and 81, as applied under section 113(1)(c).

s 255 158 Dental Practitioners Registration Act 2001 s 257 255 Existing applications for renewal of certain column 1 registrations (1) An application for the renewal of an item 4 or 5 column 1 registration made under section 20(5)(b) or 20A(2) 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 renewal of the column 2 registration shown opposite the column 1 registration. (3) Part 3, division 4, as applied by section 127, applies to the application. (4) However, the provisions of part 3, division 4, as applied by section 127, dealing with making the application in the approved form and paying the registration fee do not apply to the application. 256 Continuation of satisfaction process under section 20(9) of the repealed Act (1) If a satisfaction process in relation to a limited registration person has been started by the board, but not finished, before the commencement, the process may be continued or discontinued by the board as if this Act had not commenced. (2) In this section— limited registration person means a person who immediately before the commencement was registered, under the repealed Act, for an item 4 column 1 registration. satisfaction process , in relation to a limited registration person, means the process started by the board under section 20(9) of the repealed Act calling on the person to satisfy the board that the person’s name should remain on the register. 257 Suspended registrations (1) This section applies if an item 1, 2, 3, 4 or 5 column 1 registration has been suspended and the period of suspension has not ended before the commencement.

s 260 159 Dental Practitioners Registration Act 2001 s 261 (2) The suspension is taken to continue as a suspension of the column 2 registration shown opposite the column 1 registration. 260 Records (1) This section applies if— (a) a registration 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. 261 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— Table Column 1 Column 2 Chiropractors Registration Act 2001 Chiropractors and Osteopaths Act 1979 Dental Technicians and Dental Prosthetists Registration Act 2001 Dental Technicians and Dental Prosthetists Act 1991 Medical Practitioners Registration Act Medical Act 1939 2001 Occupational Therapists Registration Occupational Therapists Act Act 2001 1979 Optometrists Registration Act 2001 Optometrists Act 1974 Osteopaths Registration Act 2001 Chiropractors and Osteopaths Act 1979 Pharmacists Registration Act 2001 Pharmacy Act 1976

s 265 160 Dental Practitioners Registration Act 2001 s 266 Column 1 Column 2 Physiotherapists Registration Act 2001 Physiotherapists Act 1964 Podiatrists Registration Act 2001 Psychologists Registration Act 2001 Podiatrists Act 1969 Psychologists Act 1977 Speech Pathologists Registration Act 2001 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. Division 3 Savings provisions 265 Continuation of section of by-law under repealed Act (1) The Dental By-law 1988 , section 18, as in force immediately before the commencement of this section, and as amended by section 268 and schedule 3, part B (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. 266 References to Dental Technicians and Dental Prosthetists Registration Act 2001, s 240(1) (1) Subsection (2) applies if the Dental Technicians and Dental Prosthetists Act 1991 has not been repealed. (2) A reference in this division to the Dental Technicians and Dental Prosthetists Registration Act 2001 , section 240(1) is taken to be a reference to the Dental Technicians and Dental Prosthetists Act 1991 .

s 267 161 Dental Practitioners Registration Act 2001 s 268 Division 4 Transitional provisions for the Health Legislation Amendment Act 2003 267 Appointment of eligible persons to board (1) This section applies to the first appointment of dental auxiliary registrants to the Board. (2) A reference in part 2, division 2 to a dental auxiliary registrant is taken to be a reference to a deemed registrant. (3) Subsection (4) applies if a deemed registrant appointed under this section does not become a dental auxiliary registrant within 6 months of the commencement of the Health Legislation Amendment Act 2003 , section 12. (4) The deemed registrant is taken to have vacated the deemed registrant’s membership of the board. (5) In this section— deemed registrant means a person who has the qualifications or experience as a dental auxiliary registrant that would, in the Minister’s opinion, make the person eligible for registration in the profession as a dental auxiliary registrant. 268 Transitional provision for s 263 (1) This section applies to section 263 (the relevant section ) until its omission by the Health Legislation Amendment Act 2003 , section 26. (2) A reference in the relevant section to a registrant, does not include the following— (a) a dental auxiliary registrant or provisional dental auxiliary registrant; (b) a special purpose registrant or provisional special purpose registrant whose registration is based on a qualification as a dental auxiliary. (3) Also, a reference in the relevant section to an operative dental auxiliary includes the following—

s 269 162 Dental Practitioners Registration Act 2001 s 269 (a) a dental auxiliary registrant or provisional dental auxiliary registrant; (b) a special purpose registrant or provisional special purpose registrant whose registration is based on a qualification as a dental auxiliary. Division 5 Transitional provision for Health Legislation Amendment Act 2005 269 Sections 153 and 223 not to apply to certain convictions for offences against s 139A (1) This section applies if— (a) a person is convicted of an offence against section 139A; and (b) the offence was committed before the commencement of this section. (2) Sections 153 and 223 do not apply in relation to the person’s conviction for the offence.

163 Dental Practitioners Registration Act 2001 Schedule 1 Decisions for which information notices must be given section 198(2) Section 51 51, as applied by section 120 57 73 73, as applied by section 76 73, as applied by section 113(1)(b) 73, as applied under section 113(1)(c) 73, as applied by section 127 73, as applied by section 133G(1)(d) 73, as applied by section 133G(1)(e) Description of decision deciding to refuse to register an applicant for general registration as a general registrant deciding to refuse to register an applicant for special purpose registration as a special purpose registrant deciding to register a person as a general registrant on conditions and deciding the review period applying to the conditions deciding to refuse to renew a general registration deciding to refuse to restore a general registration deciding to refuse to renew a specialist registration deciding to refuse to restore a specialist registration deciding to refuse to renew a special purpose registration deciding to refuse to renew a dental auxiliary registration deciding to refuse to restore a dental auxiliary registration

164 Dental Practitioners Registration Act 2001 Schedule 1 (continued) Section 74 74, as applied by section 76 74, as applied by section 113(1)(b) 74, as applied under section 113(1)(c) 74, as applied by section 133G(1)(d) 74, as applied by section 133G(1)(e) 86 86, as applied by section 113(1)(d) 86, as applied by section 131 86, as applied by section 133G(1)(f) Description of decision deciding to renew a general registration on recency of practice conditions and deciding the review period applying to the conditions deciding to restore a general registration on recency of practice conditions and deciding the review period applying to the conditions deciding to renew a specialist registration on recency of practice conditions and deciding the review period applying to the conditions deciding to restore a specialist registration on recency of practice conditions and deciding the review period applying to the conditions deciding to renew a dental auxiliary registration on recency of practice conditions and deciding the review period applying to the conditions deciding to restore a dental auxiliary 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 specialist registration deciding to cancel a special purpose registration deciding to cancel a dental auxiliary registration

165 Dental Practitioners Registration Act 2001 Schedule 1 (continued) Section 94 94, as applied by section 113(1)(e) 94, as applied by section 133G(1)(g) 104 111 125 129 133D Description of decision deciding to confirm or change conditions of a general registration and deciding the review period applying to the conditions deciding to confirm or change conditions of a specialist registration and deciding the review period applying to the conditions deciding to confirm or change conditions of a dental auxiliary registration and deciding the review period applying to the conditions deciding to refuse to register an applicant for specialist registration in a specialty as a specialist registrant in the specialty deciding to register an applicant as a specialist registrant on conditions 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 register an applicant for dental auxiliary registration as a dental auxiliary registrant in the category or categories to which the application relates

Section 133F 136 182(1)(c) 166 Dental Practitioners Registration Act 2001 Schedule 1 (continued) Description of decision deciding to register a person as a dental auxiliary registrant on conditions and deciding the review period applying to the 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

167 Dental Practitioners Registration Act 2001 Schedule 4 Dictionary section 8 accepted representations see section 84(2). advertise includes— (a) placing an entry in a directory; and (b) displaying a sign; and (c) using printed stationery. 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 Board of Queensland. business name , of a business, means a name or style under which the business is carried on. category , in relation to registration as a dental auxiliary registrant, means any of the following— (a) dental therapy; (b) dental hygiene; (c) another category prescribed under a regulation. certificate of dental auxiliary registration means a certificate of dental auxiliary registration issued under section 52(1), as applied by section 133G(1)(b). certificate of general registration means a certificate of general registration issued under part 3. certificate of provisional dental auxiliary registration means a certificate of provisional dental auxiliary registration issued under section 60(5), as applied by section 133G(1)(c). certificate of provisional general registration means a certificate of provisional general registration issued under section 60(5).

168 Dental Practitioners Registration Act 2001 Schedule 4 (continued) certificate of provisional specialist registration means a certificate of provisional specialist registration issued under section 60(5), as applied by section 113(1)(a). certificate of provisional special purpose registration means a certificate of provisional special purpose registration issued under part 3, division 9. certificate of registration means a certificate of general registration, certificate of specialist registration, certificate of dental auxiliary registration, certificate of provisional general registration, certificate of provisional specialist registration, certificate of provisional dental auxiliary registration, certificate of special purpose registration or certificate of provisional special purpose registration. certificate of specialist registration means a certificate of specialist registration issued under part 3, division 8. certificate of special purpose registration means a certificate of special purpose registration issued under part 3, division 9. 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 239. column 2 registration , for part 10, division 2, see section 239. commencement , for part 10, division 2, see section 239. 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—

169 Dental Practitioners Registration Act 2001 Schedule 4 (continued) (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 . criminal history , of a person, means all the following— (a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act; (b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act. declaration period , for part 9, division 3, see section 228. declared event , for part 9, division 3, see section 228. dental auxiliary means a person qualified for dental auxiliary registration in 1 or more of the following categories— (a) dental therapy; (b) dental hygiene; (c) another category prescribed under a regulation. dental auxiliary application fee see section 133A(1)(c)(ii). dental auxiliary registrant means a person registered, under part 3, as a dental auxiliary registrant in a category or categories, but does not include a provisional dental auxiliary registrant. dental auxiliary registration means registration of a person as a dental auxiliary registrant in a category or categories under part 3. dental auxiliary registration fee see section 133A(1)(c)(iii). dental auxiliary registration period see section 133G(3)(l). dental profession includes dental auxiliaries. deputy chairperson means the deputy chairperson of the board appointed under section 19(1).

170 Dental Practitioners Registration Act 2001 Schedule 4 (continued) document production requirement see section 189(5). educational institution means a university, training institution or professional college engaged in the education of persons in the practice of the profession. 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 171(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 239. 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.

171 Dental Practitioners Registration Act 2001 Schedule 4 (continued) 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— • this Act • Chiropractors Registration Act 2001 • Dental Technicians and Dental Prosthetists 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 220. 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) the decision; (b) the reasons for the decision; (c) that the person to whom the notice is given has a right to have the decision reviewed by QCAT;

172 Dental Practitioners Registration Act 2001 Schedule 4 (continued) (d) how, and the period within which, the person may apply for the review; (da) the right the person has to have the operation of the decision stayed under the QCAT Act, section 22; (e) if the decision is that a person be registered on conditions— (i) for a general, specialist or dental auxiliary 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) or 133F(5) to record in the register—the details that must be recorded in the register for the period for which the conditions are in force; (f) if the decision is that a general, specialist or dental auxiliary 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 specialist registrant’s or provisional specialist registrant’s general registration be cancelled—to return the certificate of specialist registration or certificate of provisional specialist registration to the board within 14 days after receiving the notice; (h) if the decision is that the conditions imposed on a general, specialist or dental auxiliary registration be confirmed, the review period applying to the confirmed conditions; (i) if the decision is that the conditions imposed on a general, specialist or dental auxiliary registration be changed—

173 Dental Practitioners Registration Act 2001 Schedule 4 (continued) (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 98(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 specialist registrant’s general registration be changed—a direction to the person to return the certificate of specialist registration to the board within 14 days after receiving the notice. inspector means a person who is appointed as an inspector under section 162. interstate law , for part 9, division 3, see section 228. 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 239. legislative scheme see section 4. local practitioner , for part 9, division 3, see section 228. 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.

174 Dental Practitioners Registration Act 2001 Schedule 4 (continued) office means the Office of Health Practitioner Registration Boards under the Health Practitioner Registration Boards (Administration) Act 1999 . original decision see section 198(1). participant , for part 9, division 3, see section 228. personal details requirement see section 187(5). place includes premises, vacant land and a vehicle. place of seizure see section 178. possess , a health record, for part 9, division 1, see section 220. premises includes— (a) a building or other structure; and (b) a part 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 228. profession means the dental profession. professional service means a dental service, including a specialist dental service and a dental auxiliary service. provisional dental auxiliary registrant means a person registered as a provisional dental auxiliary registrant in a category or categories under section 60, as applied by section 133G(1)(c). provisional dental auxiliary registration means registration of a person as a provisional dental auxiliary registrant in a category or categories under section 60, as applied by section 133G(1)(c). 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 specialist registrant means a person registered, under section 60, as applied by section 113(1)(a), as a provisional specialist registrant.

175 Dental Practitioners Registration Act 2001 Schedule 4 (continued) provisional specialist registration means registration of a person as a provisional specialist registrant under section 60, as applied by section 113(1)(a). provisional special purpose registrant means a person registered, under part 3, division 9, 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 9. 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 215. 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 dental auxiliary registration, general registration, specialist registration or special purpose registration, other than a short-term registration. repealed Act means the Dental Act 1971 . restoration fee see section 78(1)(b)(i). restricted dental auxiliary registrant title means a title that consists of, or includes— (a) the words ‘dental therapist’ or ‘dental hygienist’; or (b) words prescribed under a regulation for a category of dental auxiliary prescribed under a regulation.

176 Dental Practitioners Registration Act 2001 Schedule 4 (continued) restricted general registrant title means a title that consists of, or includes, the words ‘dentist’, ‘dental practitioner’, ‘dental surgeon’ or ‘surgeon dentist’. restricted specialist title , for a specialty, means a title that consists of or includes words prescribed under a regulation for the specialty. restricted title means— (a) restricted dental auxiliary registrant title; or (b) restricted general registrant title. review period , applying to conditions imposed by the board or QCAT on a general registration, specialist registration or dental auxiliary registration, means the period, not more than 3 years after the decision to impose the conditions takes effect, within which the registrant may not apply for a review of the conditions under part 3. service agreement means an agreement made under the Health Practitioner Registration Boards (Administration) Act 1999 , between the executive officer and the board, for the provision of administrative and operational support by the office to the board. short-term registration means a registration on an application mentioned in section 139AA. show cause notice see section 83(1). show cause period see section 83(2)(d). special activities see section 119. specialist application fee see section 100(1)(c)(ii). specialist registrant means a person registered, under part 3, division 8, as a specialist registrant, but does not include a provisional specialist registrant. specialist registration means registration of a person as a specialist registrant under section 104. specialist registration fee see section 100(1)(c)(iii). specialist registration period see section 109.

177 Dental Practitioners Registration Act 2001 Schedule 4 (continued) special purpose registrant means a person registered, under part 3, division 9, as a special purpose registrant, but does not include a provisional special purpose registrant. special purpose registration means registration of a person as a special purpose registrant under part 3, division 9. specialty means a branch of dentistry prescribed under a regulation to be a specialty. user , of a registrant’s services, includes a person who used the services. visiting practitioner , for part 9, division 3, see section 228. warrant form see section 171(5)(b).

178 Dental Practitioners Registration Act 2001 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .178 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .179 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .179 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .180 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .180 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .182 8 List of forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . .188 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 2010. Future amendments of the Dental Practitioners Registration Act 2001 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

179 Dental Practitioners Registration Act 2001 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments to 2001 Act No. 103 Effective 1 January 2002 Reprint date 11 January 2002 Reprint No. 1A 1B 1C 1D 1E 1F 2 2A 2B 2C 2D 3 Amendments included 2003 Act No. 9 2003 Act No. 45 2001 Act No. 103 2003 Act No. 68 2003 Act No. 68 2003 Act No. 59 2003 Act No. 68 2005 Act No. 10 2006 Act No. 25 2006 Act No. 46 2006 Act No. 46 — Effective 28 March 2003 27 August 2003 20 September 2003 22 October 2003 2 April 2004 21 May 2004 1 July 2004 29 April 2005 1 July 2006 15 December 2006 1 March 2007 1 March 2007 Notes R2D withdrawn, see R3

180 Dental Practitioners Registration Act 2001 Reprint No. 3A 3B 3C Amendments included 2008 Act No. 57 2009 Act No. 24 2009 Act No. 44 Effective 30 October 2009 1 December 2009 1 January 2010 Notes 5 Tables in earlier reprints Name of table Corrected minor errors Reprint No. 2 6 List of legislation Dental Practitioners Registration Act 2001 No. 4 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2002 (2001 SL No. 258) Notes—(1) This Act contains provisions that were relocated from the Dental Act 1971 (2001 No. 4 s 268 sch 3 pt A). (2) ss 4, 30, 30A are relocated to the Dental Practitioners Registration Act 2001 pt 10, div 3 and renumbered as ss 262–264 (2001 No. 4 s 268 sch 3 pt A) amending legislation— Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) Health Legislation Amendment Act 2001 No. 78 s 1 pt 3 date of assent 15 November 2001 commenced on date of assent Pest Management Act 2001 No. 103 ss 1–2, 145 sch 2 date of assent 19 December 2001 ss 1–2 commenced on date of assent remaining provisions commenced 20 September 2003 (automatic commencement under AIA s 15DA(2) (2002 SL No. 345 s 2)) Health and Other Legislation Amendment Act 2003 No. 9 ss 1, 67 sch date of assent 28 March 2003 commenced on date of assent

181 Dental Practitioners Registration Act 2001 Trans-Tasman Mutual Recognition (Queensland) Act 2003 No. 45 ss 1–2, 15 sch date of assent 27 August 2003 commenced on date of assent (see s 2) Higher Education (General Provisions) Act 2003 No. 59 ss 1–2, 103 sch 1 date of assent 18 September 2003 ss 1–2 commenced on date of assent remaining provisions commenced 21 May 2004 (2004 SL No. 56) Health Legislation Amendment Act 2003 No. 68 pts 1, 3 date of assent 22 October 2003 ss 1–2 commenced on date of assent ss 12–13, 16, 21–25, 30 commenced 2 April 2004 (2004 SL No. 32) ss 14–15, 17–20, 26–27, 29 commenced 1 July 2004 (2004 SL No. 69) remaining provisions commenced on date of assent Health Legislation Amendment Act 2005 No. 10 pt 1, s 50 sch date of assent 1 April 2005 ss 1–2 commenced on date of assent remaining provisions commenced 29 April 2005 (2005 SL No. 72) Health Quality and Complaints Commission Act 2006 No. 25 ss 1–2(1), 241(1) sch 3 date of assent 29 May 2006 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2006 (see s 2(1)) Health Legislation Amendment Act 2006 No. 46 pts 1, 3 date of assent 10 November 2006 ss 1–2 commenced on date of assent ss 21–23, 28, 34, 42, 48 commenced 1 March 2007 (2006 SL No. 309) remaining provisions commenced 15 December 2006 (2006 SL No. 309) Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another Measure) Amendment Act 2008 No. 57 pts 1, 4 date of assent 5 November 2008 ss 1–2 commenced on date of assent remaining provisions commenced 30 October 2009 (2009 SL No. 235) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 7 pt 2 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Health and Other Legislation Amendment Act 2009 No. 44 ss 1, 2(3), pt 3 date of assent 3 November 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2010 (2009 SL No. 290)

182 Dental Practitioners Registration Act 2001 7 List of annotations Board’s decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999 s 5 amd 2009 No. 24 s 992 Mutual recognition legislation not affected s 6 amd 2003 No. 45 s 15 sch Delegation by board s 14 amd 2006 No. 46 s 20 Membership of board s 15 amd 2003 No. 68 s 8 Registrant members s 16 amd 2003 No. 68 s 9 Certain nominee board members s 18 amd 2003 No. 68 s 10 Vacation of office s 22 amd 2003 No. 68 s 11 PART 3—REGISTRATION Procedural requirements for applications s 42 amd 2001 No. 78 s 11 Fitness to practise the profession s 45 amd 2001 No. 78 s 12; 2008 No. 57 s 15 Appointment of appropriately qualified person to conduct health assessment s 47 amd 2001 No. 78 s 13 Use of assessment report s 49 amd 2009 No. 24 s 993 Period s 56 amd 2006 No. 46 s 21 Period s 64 amd 2009 No. 44 s 12 Non-application of div 4 to short-term registration s 67A ins 2006 No. 46 s 22 Procedural requirements for applications s 70 amd 2001 No. 78 s 14 Non-application of div 5 to short-term registration s 75A ins 2006 No. 46 s 23 Grounds for cancellation s 82 sub 2009 No. 44 s 13

183 Dental Practitioners Registration Act 2001 Division 7—Reviewing conditions of general registrations Subdivision 1—Review of conditions imposed by the board or QCAT sdiv hdg amd 2009 No. 24 s 994 How registrant may start a review s 89 amd 2009 No. 24 s 995 When decision takes effect s 95 amd 2006 No. 46 s 24 Failure by board to make decision on application s 96 amd 2006 No. 46 s 25; 2009 No. 44 s 14 Failure by board to make decision on review agreed to under s 90 s 97 amd 2006 No. 46 s 26; 2009 No. 44 s 15 Amending, replacing, or issuing new, certificate of general registration s 99 sub 2006 No. 46 s 27 amd 2009 No. 44 s 16 Period s 109 amd 2006 No. 46 s 28 Effect on specialist registration if conditions on general registration are changed or removed s 116 amd 2006 No. 46 s 29 Division 9—Special purpose registrations Undertaking of special activities relating to the profession s 119 amd 2006 No. 46 s 30 Application of divs 2 and 3 s 120 amd 2006 No. 46 s 31 Eligibility s 121 amd 2006 No. 46 s 32 Suitability to be a special purpose registrant s 123 om 2006 No. 46 s 33 Non-application of sdiv 2 to short-term registration s 126A ins 2006 No. 46 s 34 Application of div 4, sdivs 2 and 3 s 127 amd 2006 No. 46 s 35 Matters that may be considered in deciding whether to renew special purpose registrations s 128 amd 2006 No. 46 s 36 Condition of practice under supervision s 129A ins 2006 No. 46 s 37 Period of renewed special purpose registration s 130 amd 2006 No. 46 s 38 Grounds for cancellation s 132 amd 2009 No. 44 s 17

184 Dental Practitioners Registration Act 2001 Subdivision 4—Changing or removing conditions sdiv hdg amd 2006 No. 46 s 39 Changing conditions s 132A ins 2006 No. 46 s 40 Removal s 133 amd 2006 No. 46 s 41 Division 9A—Dental auxiliary registration div hdg ins 2003 No. 68 s 12 Subdivision 1—Applications for dental auxiliary registration sdiv 1 (s 133A) ins 2003 No. 68 s 12 Subdivision 2—Eligibility for dental auxiliary registration sdiv 2 (ss 133B–133C) ins 2003 No. 68 s 12 Subdivision 3—Decision on applications sdiv 3 (s 133D) ins 2003 No. 68 s 12 Subdivision 4—Information in certificates of dental auxiliary registration sdiv 4 (s 133E) ins 2003 No. 68 s 12 Subdivision 5—Conditions of dental auxiliary registration sdiv 5 (s 133F) ins 2003 No. 68 s 12 Subdivision 6—Application of certain provisions sdiv 6 (s 133G) ins 2003 No. 68 s 12 Notification of certain events to interstate regulatory authorities and other entities s 139 amd 2003 No. 68 s 13; 2006 No. 25 s 241(1) sch 3 Short-term registration s 139AA ins 2006 No. 46 s 42 PART 4—OBLIGATIONS OF REGISTRANTS AND OTHER PERSONS Division 1A—Restricted practice of dentistry div 1A (s 139A) ins 2003 No. 68 s 14 Taking of restricted dental auxiliary registrant title etc. s 140 sub 2003 No. 68 s 15 Taking of restricted general registrant title etc. s 140A ins 2003 No. 68 s 15 Taking of restricted dental auxiliary registrant title for which not registered s 140B ins 2003 No. 68 s 15 Restriction on use of titles by special purpose registrants and provisional special purpose registrants s 140C ins 2003 No. 68 s 15 Taking of restricted specialist title etc. s 141 amd 2003 No. 68 s 16 Use of title ‘doctor’ s 142 sub 2003 No. 59 s 103 sch 1

185 Dental Practitioners Registration Act 2001 Claims by persons as to other persons’ registration s 144 amd 2003 No. 68 s 17 Restrictions on registrants s 145 sub 2003 No. 68 s 18 Restrictions on provisional registrants s 146 om 2003 No. 68 s 18 Division 2—Notification of business names and other details div hdg om 2006 No. 46 s 43 Notification of business names etc. s 148 amd 2001 No. 45 s 29 sch 3 om 2006 No. 26 s 43 Notification of change in business names etc. s 149 om 2006 No. 46 s 43 Information to appear in advertisements s 151 amd 2006 No. 46 s 44 Persons may be prohibited from supplying health services etc. s 153 amd 2003 No. 68 s 19; 2005 No. 10 s 50 sch Injunctions s 154 amd 2003 No. 68 s 20 Dealing with forfeited things etc. s 184 amd 2009 No. 24 s 996 PART 6—REVIEWS BY QCAT pt hdg sub 2009 No. 24 s 997 Who may apply for a review s 198 sub 2009 No. 24 s 997 Particular matters relating to powers of QCAT s 199 sub 2009 No. 24 s 997 Hearing procedures s 200 om 2009 No. 24 s 997 Powers of court on appeal s 201 amd 2003 No. 68 s 21 om 2009 No. 24 s 997 Appointment of assessors s 202 om 2009 No. 24 s 997 Register to be kept s 215 amd 2003 No. 68 s 22 Confidentiality of information s 218 amd 2001 No. 78 s 15

186 Dental Practitioners Registration Act 2001 Health records of persons convicted of an offence against s 139A, 140(1) or (6), 140A(1) or (6), 140B(1), 141(1) or 143 prov hdg amd 2003 No. 68 s 23(1); 2005 No. 10 s 50 sch s 223 amd 2003 No. 68 s 23(2); 2005 No. 10 s 50 sch Deemed registration of visiting practitioners prov hdg amd 2003 No. 68 s 24(1) s 230 amd 2003 No. 68 s 24(2)–(3) Provision of certain professional services by interstate practitioners s 230A ins 2006 No. 46 s 45 Protection for persons involved in supervising special purpose registrants s 231A ins 2006 No. 46 s 46 False or misleading information or documents s 232 sub 2009 No. 44 s 18 PART 10—REPEAL, TRANSITIONAL AND SAVINGS PROVISIONS Division 2—Transitional provisions for Dental Practitioners Registration Act 2001 div hdg sub 2003 No. 68 s 25 Approval of company names under repealed Act s 258 om 2006 No. 46 s 47 Sections 148 and 151 ineffective for 6 months s 259 amd 2001 No. 103 s 145 sch 2 om 2006 No. 46 s 47 Definitions prov hdg sub 1996 No. 60 s 4(1) s 262 (prev 1971 No. 61 s 4) amd 1987 No. 75 s 6(e); 1991 No. 57 s 60 sch; 2001 No. 4 s 268 sch 3 pt A renum and reloc 2001 No. 4 s 268 sch 3 pt A om 2003 No. 68 s 26 def “dentistry” reloc 2001 No. 4 s 268 sch 3 pt A def “operative dental auxiliary” amd 1973 No. 90 s 2 reloc 2001 No. 4 s 268 sch 3 pt A Prohibited practices s 263 (prev 1971 No. 61 s 30) amd 1973 No. 90 s 5; 1987 No. 75 s 26; 1991 No. 56 s 9; 1991 No. 57 s 60 sch; 2001 No. 4 s 268 sch 3 pt A renum and reloc 2001 No. 4 s 268 sch 3 pt A amd 2003 No. 9 s 67 sch om 2003 No. 68 s 26 Training, designation and duties of operative dental auxiliaries s 264 (prev 1971 No. 61 s 30A) ins 1973 No. 90 s 6 amd 2001 No. 4 s 268 sch 3 pt A renum and reloc 2001 No. 4 s 268 sch 3 pt A om 2003 No. 68 s 27 Division 4—Transitional provisions for the Health Legislation Amendment Act 2003 div hdg ins 2003 No. 68 s 28

187 Dental Practitioners Registration Act 2001 Appointment of eligible persons to board s 267 prev s 267 om R1 (see RA s 40) pres s 267 ins 2003 No. 68 s 28 Transitional provision for s 263 s 268 prev s 268 om R1 (see RA s 40) pres s 268 ins 2003 No. 68 s 29 Division 5—Transitional provision for Health Legislation Amendment Act 2005 div 5 (s 269) ins 2005 No. 10 s 50 sch PART 11—CONSEQUENTIAL AND OTHER AMENDMENTS pt hdg om R1 (see RA s 7(1)(k)) SCHEDULE 1—DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN amd 2003 No. 68 s 30 SCHEDULE 2—CONSEQUENTIAL AMENDMENTS OF ACTS om R1 (see RA s 40) SCHEDULE 3—AMENDMENT OF DENTAL ACT 1971 AND DENTAL BY-LAW 1988 om R1 (see RA s 40) SCHEDULE 4—DICTIONARY def “appellant” om 2009 No. 24 s 998(1) def “category” ins 2003 No. 68 s 31(2) def “certificate of dental auxiliary registration” ins 2003 No. 68 s 31(2) def “certificate of provisional dental auxiliary registration” ins 2003 No. 68 s 31(2) def “certificate of registration” amd 2003 No. 68 s 31(3)–(4) def “criminal history” ins 2001 No. 78 s 16 def “dental auxiliary” ins 2003 No. 68 s 31(2) def “dental auxiliary application fee” ins 2003 No. 68 s 31(2) def “dental auxiliary registrant” ins 2003 No. 68 s 31(2) def “dental auxiliary registration” ins 2003 No. 68 s 31(2) def “dental auxiliary registration fee” ins 2003 No. 68 s 31(2) def “dental auxiliary registration period” ins 2003 No. 68 s 31(2) def “dental profession” ins 2003 No. 68 s 31(2) def “information notice” amd 2003 No. 68 s 31(5)–(6); 2009 No. 24 s 998(2) def “professional service” sub 2003 No. 68 s 31(1)–(2) def “provisional dental auxiliary registrant” ins 2003 No. 68 s 31(2) def “provisional dental auxiliary registration” ins 2003 No. 68 s 31(2) def “renewable registration” sub 2003 No. 68 s 31(1)–(2); 2006 No. 46 s 48 def “restricted dental auxiliary registrant title” ins 2003 No. 68 s 31(2) def “restricted general registrant title” ins 2003 No. 68 s 31(2) def “restricted title” sub 2003 No. 68 s 31(1)–(2) def “review period” amd 2003 No. 68 s 31(7); 2009 No. 24 s 998(3) def “short-term registration” ins 2006 No. 46 s 48(2)

188 Dental Practitioners Registration Act 2001 8 List of forms notified or published in the gazette (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) Form D101 Version July 2009—General registration as a dentist: Guide and application pubd gaz 3 July 2009 p 929 Form D105 Version May 2002—Application for Renewal of Special Purpose Registration in Queensland pubd gaz 4 February 2005 p 331 Form D201 Version July 2009—Registration as a dental specialist: Guide and application pubd gaz 3 July 2009 p 929 Form D301 Version January 2002—Application for Special Purpose Registration in Queensland under the Dental Practitioners Registration Act 2001 pubd gaz 21 December 2001 p 1443 Form D401 Version July 2009—Registration as a dental auxiliary: Guide and application pubd gaz 3 July 2009 p 929 Form D332 Version August 2008—Special Purpose – Supervised Practice Assessment Report pubd gaz 22 August 2008 p 2649 Form D333 Version August 2008—Special Purpose – Supervised Practice Agreement pubd gaz 22 August 2008 p 2649 Form D401 Version March 2004—Application for Registration as a Dental Auxiliary in Queensland pubd gaz 4 February 2005 p 331 Form D501 Version May 2002—Application for Renewal of Specialist Registration in Queensland pubd gaz 4 February 2005 p 331 Form D1401 Version January 2002—Notice of Expiry of Registration and Application for Restoration of General Registration as a Dentist in Queensland pubd gaz 21 December 2001 p 1443 Form D1501 Version January 2002—Notice of Expiry of Registration and Application for Restoration of General and Specialist Registration as a Dentist and Dental Specialist in Queensland pubd gaz 21 December 2001 p 1443

189 Dental Practitioners Registration Act 2001 Form D1601 Version January 2002—Application for Review of Conditions on Registration pubd gaz 21 December 2001 p 1443 Form DN180 Version January 2002—Notice to Produce or Safeguard Evidence pubd gaz 21 December 2001 p 1443 Form MR D411 Version October 2004—Application for Registration under Mutual Recognition as a Dental Auxiliary in Queensland pubd gaz 4 February 2005 p 331 Form TTMR DA311 Version October 2004—Application for Registration under Trans–Tasman Mutual Recognition as a Dental Auxiliary in Queensland pubd gaz 4 February 2005 p 331 © State of Queensland 2010

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