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Dental Technicians Registration Act 2001

Queensland Dental Technicians Registration Act 2001 Current as at 27 March 2013 NOTE—This is the last reprint before repeal. Repealed by 1999 Act No. 58 s 416 (as amd by 2013 Act No. 13 s 54) Repealed on 20 May 2013

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/information. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Dental Technicians 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 18 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Operation of Act Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Board’s decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999 ......................................... 12 Mutual recognition legislation not affected . . . . . . . . . . . . . . . . . . 12 Objects Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Dental Technicians Board of Queensland Establishment and functions Establishment of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Board’s relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . 14 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Board’s independence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Membership Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Certain nominee board members. . . . . . . . . . . . . . . . . . . . . . . . . 19

Dental Technicians Registration Act 2001 Contents 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 Page 2 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 Accountability Act 2009 ........................................ 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 20 21 21 22 22 22 23 23 23 23 23 24 24 25 25 25 27 28 28 29 29 29 29

Dental Technicians Registration Act 2001 Contents 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 . . . . . . . . . . . . . . . . . . . . . . . . . 30 31 32 33 35 35 36 37 37 37 37 38 40 40 41 41 42 42 43 43 44 44 44 45 45 Page 3

Dental Technicians Registration Act 2001 Contents Division 4 Subdivision 1 67A 68 Subdivision 2 70 71 Subdivision 3 72 73 74 75 Division 5 75A 76 77 78 80 81 82 Division 6 83 84 85 86 87 88 Division 7 Subdivision 1 89 90 91 92 93 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 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 46 48 48 49 49 50 51 51 51 51 52 53 53 53 53 54 54 54 55 55 56 56 56 57 Page 4

Dental Technicians Registration Act 2001 Contents 94 95 96 98 99 100 Subdivision 2 101 Division 8 Subdivision 1 102 103 104 105 106 107 108 109 Subdivision 2 109A 110 111 112 113 Subdivision 3 114 115 Subdivision 4 116 Division 9 117 118 120 121 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 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further decision required if certain conditions changed. . . . . . . . Recording change, or removal, of conditions Amending, replacing, or issuing new, certificate of general registration ..................................... 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 . . . . . . . . . . . . . . . Suitability to be a special purpose registrant . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . Period of renewed special purpose registration . . . . . . . . . . . . . . Cancellation of special purpose registrations Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of conditions Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . 58 58 59 60 60 61 61 62 63 63 64 64 65 65 65 66 66 66 67 67 67 67 68 69 69 69 70 Page 5

Dental Technicians Registration Act 2001 Contents 122 124 124AA Part 4 Division 1 125 126 127 128 129 Division 3 132 133 Division 4 134 Division 5 135 136 Division 6 137 138 139 Division 7 140 Part 5 Division 1 141 142 143 Division 2 144 145 146 147 Page 6 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 titles and holding out Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . Claims by persons as to other persons’ registration. . . . . . . . . . . Restrictions on special purpose registrants, provisional general registrants and provisional special purpose registrants . . . . . . . . Restrictions on registrants registered on conditions. . . . . . . . . . . Advertising Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information to appear in advertisements . . . . . . . . . . . . . . . . . . . Registrants’ autonomy Aiding and abetting etc. conduct that is a ground for disciplinary action ........................................ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 70 72 73 75 75 75 76 76 77 78 79 80 82 83 83 83 84 84 84 84 85 85 86

Dental Technicians Registration Act 2001 Contents 148 Division 3 Subdivision 1 149 Subdivision 2 150 151 152 153 154 Subdivision 3 155 156 157 Subdivision 4 158 159 160 161 162 163 164 165 166 167 168 Subdivision 5 169 170 171 172 173 Division 4 174 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 86 87 88 88 89 90 91 92 92 93 93 94 94 94 95 95 96 97 97 98 98 99 99 99 100 100 Page 7

Dental Technicians Registration Act 2001 Contents 175 176 177 178 179 Part 6 180 181 Part 7 Division 1 185 186 187 188 Division 2 189 190 191 192 193 194 195 196 Part 8 Division 1 197 198 Division 2 199 Division 3 200 201 Part 9 Division 2 209 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 . . . . . . 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 Continuing professional education of registrants Continuing professional education programs . . . . . . . . . . . . . . . . 101 102 102 102 103 103 103 104 104 104 104 105 105 106 107 107 107 107 108 109 110 110 111 113 113 Page 8

Division 3 210 211 212 Division 4 213 214 215 216 217 218 219 Part 10 Division 1 220 Division 2 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 238 239 Dental Technicians Registration Act 2001 Contents Declared events Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deemed general registration of visiting practitioners . . . . . . . . . . Other provisions Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information or documents. . . . . . . . . . . . . . . Certificates etc. not to be false or misleading. . . . . . . . . . . . . . . . Application of provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal and transitional provisions Repeal Repeal of Dental Technicians and Dental Prosthetists Act 1991 . Transitional provisions for Act No. 5 of 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing applications for certain column 1 registrations . . . . . . . . Existing applications for restoration of certain column 1 registrations ................................... Suspended registrations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certain Act has not been repealed. . . . . . . . . . . . . . . . . . . . . . . . 114 115 115 116 116 119 119 120 120 120 121 121 121 122 122 122 122 123 123 123 124 125 126 127 127 127 128 128 Page 9

Dental Technicians Registration Act 2001 Contents Division 3 240 Division 4 241 242 243 244 Schedule 1 Schedule 4 Transitional provision for Health Legislation Amendment Act 2005 Sections 135 and 205 not to apply to certain convictions for offences against s 124A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change of name does not affect legal personality . . . . . . . . . . . . References to Dental Technicians and Dental Prosthetists Board Decisions for which information notices must be given . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 130 130 130 131 132 134 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . 143 143 144 144 145 147 155 Page 10

Dental Technicians Registration Act 2001 Part 1 Preliminary [s 1] Dental Technicians Registration Act 2001 [as amended by all amendments that commenced on or before 27 March 2013] An Act to provide for the registration of dental technicians and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Dental Technicians 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. Current as at 27 March 2013 Page 11

Dental Technicians Registration Act 2001 Part 1 Preliminary [s 4] 4 The legislative scheme This Act is part of a legislative scheme (the legislative scheme ) consisting of the Queensland health practitioner registration Acts, the Health Practitioner Registration Boards (Administration) Act 1999 and the Health Practitioners (Professional Standards) Act 1999 . 5 Board’s decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999 (1) This section applies if the board is making— (a) a decision on an application for registration; or (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 Page 12 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 8] (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 Technicians Board of Queensland; and (b) providing for the registration of persons under this Act; and (c) imposing obligations on persons in relation to the practice of the 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 Technicians Board of Queensland Division 1 Establishment and functions 9 Establishment of board (1) The Dental Technicians Board of Queensland is established. (2) The board— (a) is a body corporate; and Current as at 27 March 2013 Page 13

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 10] (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— (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 a 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; Page 14 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 12] (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; (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 of practice. 12 Board’s independence etc. In performing its functions, the board is to act independently, impartially and in the public interest. Current as at 27 March 2013 Page 15

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 13] 13 Powers of board (1) The board has all the powers of an individual, and may, for example— (a) enter into contracts; and (b) enter into service agreements; and (c) acquire, hold, dispose of, and deal with, property; and (d) appoint agents and attorneys; and (e) engage consultants; and (f) fix charges, and other terms, for services and other facilities it supplies; and (g) do anything else necessary or convenient to be done for, or in connection with, its functions. (2) This section does not authorise the board to obtain administrative and operational support other than as required by the Health Practitioner Registration Boards (Administration) Act 1999 . (3) Without limiting subsection (1), the board has the powers given to it under this or another Act. (4) The board may exercise its powers inside or outside Queensland. (5) Without limiting subsection (4), the board may exercise its powers outside Australia. 14 Delegation by board (1) The board may delegate its powers under this Act to— (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. Page 16 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 15] (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 Division 2 Membership 15 Membership of board (1) The board consists of at least 7, but not more than 11, members appointed by the Governor in Council. (2) The board must include— (a) persons who are general registrants (the registrant members ); and (b) persons (the public members ) having an interest in, and knowledge of, consumer health issues who are not, and have not been— (i) registered under a health practitioner registration Act or an earlier corresponding Act; or (ii) 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 Current as at 27 March 2013 Page 17

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 16] health practitioner registration Act 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 . 16 Registrant members The registrant members must consist of— (a) at least 1 dental technician nominated by the bodies the Minister considers represent the interests of dental technicians; and (b) 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 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 Page 18 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 18] 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) 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— (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. Current as at 27 March 2013 Page 19

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 19] (6) The Minister must nominate a person or persons eligible to be appointed to the position or positions and the nomination or nominations are taken to have been made by the entities. (7) To remove doubt, if subsection (5)(b) applies, it is declared that a nomination under subsection (6) may be of, or include, a person or persons nominated by the entities. 19 Chairperson and deputy chairperson of board (1) The Governor in Council is to appoint a registrant member to be the chairperson, and another registrant member to be the deputy chairperson, of the board. (2) A person may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a member. (3) The chairperson or deputy chairperson holds office for the term decided by the Governor in Council, unless the person’s term of office as a member ends sooner than the person’s term of office as chairperson or deputy chairperson. (4) A vacancy occurs in the office of chairperson or deputy chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or ceases to be a registrant member. (5) However, a person resigning the office of chairperson or deputy chairperson may continue to be a member. (6) The deputy chairperson is to act as chairperson— (a) during a vacancy in the office of chairperson; and (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. 20 Term of appointment A member is to be appointed for a term of not more than 4 years. Page 20 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 21] 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 (c) is absent without the board’s permission from 3 consecutive meetings of the board of which due notice has been given. (2) Also, a member is taken to have vacated office in any of the following circumstances— (a) if the member is a registrant member—the member stops being a general registrant; (b) if the member is a public member—the member stops being a person mentioned in section 15(2)(b); (c) if the member was nominated, for membership of the board, under section 15(2)(c)—the member stops being a lawyer. (3) In this section— Current as at 27 March 2013 Page 21

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 23] 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. (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. Page 22 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 26] 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. 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. Current as at 27 March 2013 Page 23

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 31] 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. 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. Page 24 Current as at 27 March 2013

Division 4 Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 33] 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. (5) A committee must keep a record of the decisions it makes when exercising a power delegated to it by the board. (6) The board may decide matters about a committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings. 34 Remuneration of committee members A committee member is entitled to be paid the fees and allowances decided by the Governor in Council. Division 5 Disclosure of interests by board members and committee members 35 Disclosure of interests (1) This section applies to a board or committee member (the interested person ) if— Current as at 27 March 2013 Page 25

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 35] (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. (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 Page 26 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 36] 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 (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. Current as at 27 March 2013 Page 27

Dental Technicians Registration Act 2001 Part 2 Dental Technicians Board of Queensland [s 37] Division 7 Annual reports 37 Matters to be included in annual report (1) The board’s annual report under the Financial Accountability Act 2009 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. Division 8 Other provisions about the board 38 Board is statutory body under the Financial Accountability Act 2009 The board is a statutory body under the Financial Accountability Act 2009 . Page 28 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 39] 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. 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 Current as at 27 March 2013 Page 29

Dental Technicians Registration Act 2001 Part 3 Registration [s 43] (c) be accompanied by— (i) satisfactory evidence of relevant qualifications in the profession; and (ii) the application fee prescribed under a regulation (the application fee ); and (iii) the registration fee prescribed under a regulation (the registration fee ); and (iv) any other documents, identified in the approved form, the board reasonably requires; and (v) if the applicant is registered under a corresponding law in the profession, written details of any conditions of the registration. (2) 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— (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 in the profession by imposing conditions on the registration under section 57. Page 30 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 44] 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 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 in the profession, mentioned in a regulation made under subsection (1)(a), that may be conferred or awarded as a result of the successful completion of a course offered, at the date of the applicant’s application for general registration, by the educational institution mentioned in relation to the qualification. Current as at 27 March 2013 Page 31

Dental Technicians Registration Act 2001 Part 3 Registration [s 45] 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; (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; Page 32 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 46] (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 Note — An offence against the Fair Trading Act 1989 includes an offence against the Australian Consumer Law (Queensland) which forms part of that Act. (ii) against another law applying, or that applied, in the State, the Commonwealth, another State or a foreign country. (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 (b) may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of Current as at 27 March 2013 Page 33

Dental Technicians Registration Act 2001 Part 3 Registration [s 46] 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 Page 34 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 47] (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— Current as at 27 March 2013 Page 35

Dental Technicians Registration Act 2001 Part 3 Registration [s 49] (a) the person’s findings as to the applicant’s mental and physical capacity to competently and safely practise the profession to which the applicant’s application relates; and (b) if the person finds the applicant does not have the mental and physical capacity to practise the profession, the person’s recommendations as to any conditions that could be imposed on the applicant’s registration as a general registrant in the profession to overcome the incapacity. (3) The person must give the assessment report to the board. 49 Use of assessment report (1) An assessment report is not admissible in any proceedings, other than stated proceedings. (2) A person can not be compelled to produce the report, or to give evidence relating to the report or its contents, in any proceedings, other than stated proceedings. (3) Subsections (1) and (2) do not apply if the report is admitted or produced, or evidence relating to the report or its contents is given, with the consent of the person who prepared the report and the person to whom the report relates. (4) In this section— assessment report includes a copy of the report, or a part of the report or copy. proceedings under the Health Practitioners (Professional Standards) Act 1999 includes a health assessment of a registrant by a health assessment committee under that Act. stated proceedings means— (a) 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. Page 36 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 50] 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. Subdivision 4 Decision on applications 51 Decision The board must consider the application and decide to register, or refuse to register, the applicant as a general registrant in the profession. 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. Current as at 27 March 2013 Page 37

Dental Technicians Registration Act 2001 Part 3 Registration [s 54] (3) The board is taken to have decided to refuse to register the applicant as a general registrant if it fails to decide the application by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination; (c) the day that is 60 days after the board receives the assessment report. (4) This section does not apply if the applicant is registered as a provisional general registrant. Editor’s note — 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. (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. Page 38 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 54] (3) Also, the applicant and board may at any time before the final consideration day agree in writing on a day (the agreed extended day ) by which the application is to be decided. (4) The board is taken to have decided to refuse to register the applicant as a general registrant if it does not decide the application by— (a) if subsection (2) applies—the extended day; or (b) if subsection (3) applies—the agreed extended day; or (c) if both subsections (2) and (3) apply—the later of the extended day or agreed extended day. (5) Subsection (4) does not apply if the applicant is registered as a provisional general registrant. Editor’s note — 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. (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. Current as at 27 March 2013 Page 39

Dental Technicians Registration Act 2001 Part 3 Registration [s 55] 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; (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 for the profession, the registration remains in force for the period— (a) commencing on the day when the board makes the decision; and (b) ending on the last day of the general registration period. (3) This section does not apply to a short-term registration. Page 40 Current as at 27 March 2013

Subdivision 7 Dental Technicians Registration Act 2001 Part 3 Registration [s 57] 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— (a) also decide the review period applying to the conditions; and (b) give the applicant an information notice about the decisions. (3) If the board decides to register an applicant for general registration as a general registrant on conditions because of the applicant’s mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. (4) The board must decide not to record details of the conditions mentioned in subsection (3) in the register unless it reasonably believes it is in the interests of users of the registrant’s services or the public to know the details. 58 Contravention of conditions A general registrant must not contravene a condition of the registration imposed under this Act. Maximum penalty—100 penalty units. Current as at 27 March 2013 Page 41

Dental Technicians Registration Act 2001 Part 3 Registration [s 59] 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. 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, Page 42 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 61] 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. 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. Current as at 27 March 2013 Page 43

Dental Technicians Registration Act 2001 Part 3 Registration [s 63] (2) The notice of cancellation must include the reason for the decision. (3) The decision takes effect on the day the notice is given to the person. (4) The person must return the certificate of provisional general registration to the board within 14 days after receiving the notice, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (5) Even though the board decides to cancel a person’s provisional general registration, it must still consider the person’s application for general registration. 63 Form of certificate of provisional general registration (1) A certificate of provisional general registration must be in the approved form. (2) The approved form must provide for the inclusion of the following— (a) the registrant’s name; (b) the 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. Page 44 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 66] (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). (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. Current as at 27 March 2013 Page 45

Dental Technicians Registration Act 2001 Part 3 Registration [s 67A] 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; (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 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— Page 46 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 70] (a) starting— (i) 60 days before the expiry of the registration; or (ii) on an earlier day, if any, stated in the notice given to the registrant under section 69; and (b) ending immediately before the expiry. (3) The application must— (a) be in the approved form; and (b) be accompanied by— (i) the registration fee; and (ii) any documents, identified in the approved form, the board reasonably requires to decide the application. (4) Information in the application must, if the approved form requires, be verified by a statutory declaration. (5) The approved form must require the applicant to state the following— (a) whether the applicant suffers from any ongoing medical condition, of which the applicant is aware, that the applicant knows or ought reasonably to know adversely affects the applicant’s ability to competently and safely practise the profession to which the application relates; Editor’s note — 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. (b) if there are recency of practice requirements for the profession relevant to the applicant, details of the extent to which the applicant has satisfied the requirements. Current as at 27 March 2013 Page 47

Dental Technicians Registration Act 2001 Part 3 Registration [s 71] 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 . 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 for the profession to which the application relates, by notice given to the applicant, require the applicant to undergo a Page 48 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 73] written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) The purpose of an examination under subsection (1)(c) must be to assess any effect the applicant’s non-satisfaction of the requirements has on the applicant’s ability to competently and safely practise the profession to which the application relates. (4) The applicant is taken to have withdrawn the application if, within the stated time, the applicant— (a) does not comply with a requirement under subsection (1)(b); or (b) does not undergo an examination under subsection (1)(c). 73 Decision (1) The board must consider the application and decide to renew, or refuse to renew, the applicant’s general registration. (2) In making its decision, the board must have regard only to the extent, if any, to which the applicant has satisfied recency of practice requirements. (3) If there are no recency of practice requirements for the profession relevant to the applicant, the board must decide to renew the applicant’s general registration. 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. Current as at 27 March 2013 Page 49

Dental Technicians Registration Act 2001 Part 3 Registration [s 75] (3) Before deciding to renew the registration on recency of practice conditions, the board must— (a) give notice to the applicant— (i) of the details of the proposed conditions; and (ii) of the reason for the proposed imposition of the conditions; and (iii) that the applicant may make a written submission to the board about the proposed conditions within a reasonable time of at least 14 days stated in the notice; and (b) have regard to any written submission made to the board by the applicant before the stated day. (4) If the board decides to renew the registration on recency of practice conditions, it must as soon as practicable— (a) also decide the review period applying to the conditions; and (b) give the applicant an information notice about the decisions. (5) The imposition of the conditions takes effect on the later of the following— (a) when the information notice is given to the applicant; (b) immediately after the day the registration would have expired, other than for its renewal. 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 Page 50 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 75A] registration is subject to the conditions attaching to the registration immediately before the decision takes effect. Editor’s note — The conditions may include conditions imposed under the Health Practitioners (Professional Standards) Act 1999 . 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 (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 Current as at 27 March 2013 Page 51

Dental Technicians Registration Act 2001 Part 3 Registration [s 80] (b) be accompanied by— (i) the restoration fee prescribed under a regulation (the restoration fee ); and (ii) any documents, identified in the approved form, the board reasonably requires to decide the application. (2) Information in the application must, if the approved form requires, be verified by a statutory declaration. (3) The approved form must require the applicant to state the following— (a) whether the applicant suffers from any ongoing medical condition, of which the applicant is aware, that the applicant knows or ought reasonably to know adversely affects the applicant’s ability to competently and safely practise the profession to which the application relates; Editor’s note — 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. (b) if there are recency of practice requirements for the profession relevant to the applicant, details of the extent to which the applicant has satisfied the requirements. 80 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. Page 52 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 81] 81 Conditions of expired registration Without affecting section 74(2), as applied by section 76, if the board decides to restore the applicant’s general registration, the registration is subject to the conditions attaching to the registration immediately before its expiry. 82 When recency of practice conditions take effect If the board decides to restore the applicant’s general registration on recency of practice conditions, the imposition of the conditions takes effect when the information notice about the decision is given by the board to the applicant. Division 6 Cancellation of general registrations 83 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— (i) was materially false, within the meaning given by section 214(1), at the time it was given; or (ii) became materially false, within the meaning given by section 214(1), after it was given; (b) the registrant ceases to have, or does not have, the qualifications necessary for registration. 84 Show cause notice (1) If the board believes the ground exists to cancel a general registration, the board must before taking action to cancel the registration give the registrant a notice (a show cause notice ). Current as at 27 March 2013 Page 53

Dental Technicians Registration Act 2001 Part 3 Registration [s 85] (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. 85 Representations about show cause notices (1) The registrant may make written representations about the show cause notice to the board in the show cause period. (2) The board must consider all written representations (the accepted representations ) made under subsection (1). 86 Ending show cause process without further action (1) This section applies if, after considering the accepted representations for the show cause notice, the board no longer believes the ground exists to cancel the registration. (2) The board must not take any further action about the show cause notice. (3) The board must also as soon as practicable after coming to the belief give notice to the registrant that no further action is to be taken about the show cause notice. 87 Cancellation (1) This section applies if, after considering the accepted representations for the show cause notice, the board— (a) still believes the ground exists to cancel the registration; and Page 54 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 88] (b) believes cancellation of the registration is warranted. (2) This section also applies if there are no accepted representations for the show cause notice. (3) The board may decide to cancel the registration. (4) If the board decides to cancel the registration, it must as soon as practicable give the registrant an information notice about the decision. (5) The decision takes effect on the day the information notice is given to the registrant. 88 Return of cancelled certificate of general registration to board (1) This section applies if the board decides to cancel a general registration and gives an information notice for the decision to the registrant. (2) The registrant must return the certificate of general registration to the board within 14 days after receiving the information notice, unless the registrant has a reasonable excuse. Maximum penalty for subsection (2)—10 penalty units. Division 7 Reviewing conditions of general registrations Subdivision 1 Review of conditions imposed by the board or QCAT 89 Review of conditions Conditions imposed on a general registration under this Act may be reviewed under this division. Current as at 27 March 2013 Page 55

Dental Technicians Registration Act 2001 Part 3 Registration [s 90] 90 How registrant may start a review (1) The registrant to whom the conditions relate may apply to the board for a review of the conditions. (2) However, the application must not be made— (a) during the review period applying to the conditions; or (b) while 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 95. 91 Review of conditions during review period (1) This section applies if, during the review period applying to the conditions, the board reasonably believes the conditions may no longer be appropriate. (2) The board may, with the written agreement of the registrant to whom the conditions relate, review the conditions. 92 Board’s powers before making decision (1) Before making its decision under section 95, the board— (a) may investigate the registrant; and (b) may, by notice given to the registrant, require the registrant to give the board, within a reasonable time of at least 30 days stated in the notice, further information Page 56 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 93] or a document the board reasonably requires to make the decision; and (c) may, by notice given to the registrant, require the registrant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place; and (d) may, by notice given to the registrant, require the registrant to undergo a health assessment within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) Subject to section 95(2), the purpose of an examination under subsection (1)(c) must be to assess the registrant’s ability to competently and safely practise the profession. (4) Subject to section 95(2), the purpose of an assessment under subsection (1)(d) must be to assess the registrant’s mental and physical capacity to competently and safely practise the profession. (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. 93 Application of ss 47–50 (1) This section applies if the board believes it is necessary for the registrant to undergo a health assessment under section 92(1)(d). (2) Sections 47 to 50 apply as if— (a) an applicant for general registration were the registrant; and Current as at 27 March 2013 Page 57

Dental Technicians Registration Act 2001 Part 3 Registration [s 94] (b) the reference in section 47(1) to section 46(1)(d) were a reference to section 92(1)(d). 94 Deemed withdrawal of application etc. (1) Subsections (2) and (3) apply if the conditions are being reviewed because of an application made by the registrant under section 90. (2) The registrant is taken to have withdrawn the application if, within the stated time, the registrant— (a) does not comply with a requirement under section 92(1)(b); or (b) does not undergo an examination under section 92(1)(c); or (c) does not undergo an assessment under section 92(1)(d). (3) A notice under section 92(1)(b), (c) or (d) must be given to the registrant within 60 days after the board receives the application. (4) Subsections (5) and (6) apply if the conditions are being reviewed under section 91. (5) The board is taken to have decided to confirm the conditions if, within the stated time, the registrant— (a) does not comply with a requirement under section 92(1)(b); or (b) does not undergo an examination under section 92(1)(c); or (c) does not undergo an assessment under section 92(1)(d). (6) A notice under section 92(1)(b), (c) or (d) must be given to the registrant within 60 days after the board agrees with the registrant to review the conditions. 95 Decision (1) After reviewing the conditions, the board must decide— Page 58 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 96] (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. 96 When decision takes effect (1) If the board decides to confirm the conditions, the decision takes effect when it is made. (2) If the board decides to change the conditions, the change takes effect when an information notice about the decision is given to the registrant under section 95(4)(b) and does not depend on the certificate of general registration being amended to record the change or a replacement certificate of general registration being issued. (3) If the board decides to remove the conditions, the removal takes effect when notice of the decision is given to the registrant under section 95(5) and does not depend on a new certificate of general registration being issued to the registrant under section 101(5). Current as at 27 March 2013 Page 59

Dental Technicians Registration Act 2001 Part 3 Registration [s 98] 98 Failure by board to make decision on application (1) Subject to subsections (2) and (3), if the board fails to decide an application under section 90 within 60 days after its receipt, the failure is taken to be a decision by the board to confirm the conditions. (2) Subsection (3) applies if the board has— (a) under section 92(1)(b), required the applicant to give the board further information or a document; or (b) under section 92(1)(c), required the applicant to undergo an examination; or (c) under section 92(1)(d), required the applicant to undergo a health assessment. (3) The board is taken to have decided to 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. 99 Failure by board to make decision on review agreed to under s 91 (1) Subject to subsections (2) and (3), if the board fails to make a decision on a review agreed to under section 91 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 92(1)(b), required the registrant to give the board further information or a document; or (b) under section 92(1)(c), required the registrant to undergo an examination; or Page 60 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 100] (c) under section 92(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. 100 Further decision required if certain conditions changed (1) This section applies if the conditions were imposed because of the registrant’s mental and physical health. (2) If the board decides to change the conditions, it must also decide whether details of the changed conditions must be recorded in the register for the period for which the conditions are in force. (3) The board must decide not to record details of the changed conditions in the register unless it reasonably believes it is in the interests of users of the registrant’s services or the public to know the details. Subdivision 2 Recording change, or removal, of conditions 101 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 95(4)(b), about decisions relating to a change of the conditions of the registration. Current as at 27 March 2013 Page 61

Dental Technicians Registration Act 2001 Part 3 Registration [s 102] (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 95(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 Special purpose registrations Subdivision 1 Applications for special purpose registration 102 Undertaking of special activities relating to the profession A person may obtain special purpose registration to undertake 1 or more of the following activities (the special activities ) relating to a profession— (a) study or train at postgraduate level; (b) teach; (c) engage in research; (d) give clinical demonstrations. Page 62 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 103] 103 Application of divs 2 and 3 (1) For a person being registered as a special purpose registrant, division 2, other than subdivisions 2, 6 and 7, and 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 (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 details of the special activity for which the registrant is registered. 104 Eligibility An applicant for special purpose registration in a profession is eligible for special purpose registration in the profession if the applicant— (a) has a qualification required for special purpose registration in the profession; and (b) is a suitable person to be a special purpose registrant. Current as at 27 March 2013 Page 63

Dental Technicians Registration Act 2001 Part 3 Registration [s 105] 105 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— (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. 106 Suitability to be a special purpose registrant In deciding whether an applicant for special purpose registration is a suitable person to be a special purpose registrant, the board may have regard to the following— (a) whether the applicant has been convicted of an indictable offence; (b) whether the applicant has been convicted of an offence against the repealed Act, this Act, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; (c) if the applicant has been registered under this Act or the repealed Act 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 Page 64 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 107] (ii) by its suspension or cancellation—the reason for its suspension or cancellation; or (iii) in another way—the way it was affected and the reason for it being affected; (d) any other issue relevant to the applicant’s ability to undertake the special activity the subject of the application. 107 Period of special purpose registration If the board decides to register the applicant as a special purpose registrant, the registration remains in force for the period, not more than 1 year, decided by the board when deciding to register the applicant as a special purpose registrant. 108 Imposition of conditions by board (1) The board may decide to register the applicant as a special purpose registrant on conditions the board considers necessary or desirable for the applicant to competently and safely undertake the special activity the subject of the application. (2) If the board decides to register the applicant as a special purpose registrant on conditions, it must as soon as practicable give the applicant an information notice about the decision. 109 Contravention of conditions A special purpose registrant must not contravene a condition of the registration imposed under this Act. Maximum penalty—100 penalty units. Current as at 27 March 2013 Page 65

Dental Technicians Registration Act 2001 Part 3 Registration [s 109A] Subdivision 2 Renewal of special purpose registrations 109A Non-application of sdiv 2 to short-term registration This subdivision does not apply to a short-term registration. 110 Application of div 4, sdivs 2 and 3 For renewing a special purpose registration, division 4, subdivisions 2 and 3, other than sections 70(5)(a) and 75(3) and the provisions to the extent to which they relate to recency of practice requirements, apply as if— (a) an application for the renewal of a general registration were an application for the renewal of a special purpose registration; and (b) an applicant for the renewal of a general registration were an applicant for the renewal of a special purpose registration; and (c) an applicant’s general registration were an applicant’s special purpose registration; and (d) a general registrant were a special purpose registrant; and (e) a certificate of general registration were a certificate of special purpose registration. 111 Matters that may be considered in deciding whether to renew special purpose registrations In deciding whether to renew a special purpose registration, the board may have regard to the matters to which the board may have regard in deciding whether a proposed special purpose registrant is a suitable person to be a special purpose registrant. Page 66 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 112] 112 Imposition of conditions by board (1) The board may decide to renew a special purpose registration on conditions the board considers necessary or desirable for the registrant to competently and safely undertake the special activity the subject of the registration. (2) If the board decides to renew a special purpose registration on conditions, it must as soon as practicable give the registrant an information notice about the decision. (3) To remove doubt, it is declared that any conditions attaching to the registration immediately before its renewal do not continue to apply to the registration on its renewal. 113 Period of renewed special purpose registration If the board decides to renew a special purpose registration, the registration remains in force for the period, not more than 1 year, decided by the board when deciding to renew the registration. Subdivision 3 Cancellation of special purpose registrations 114 Application of div 6 For cancelling a special purpose registration, division 6, other than section 83, applies as if— (a) a general registration were a special purpose registration; and (b) a certificate of general registration were a certificate of special purpose registration. 115 Grounds for cancellation Each of the following is a ground for cancelling a special purpose registration— Current as at 27 March 2013 Page 67

Dental Technicians Registration Act 2001 Part 3 Registration [s 116] (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 214(1), at the time it was given; or (ii) became materially false, within the meaning given by section 214(1), after it was given; (f) the registrant ceases to have, or does not have, the qualifications necessary for registration. Subdivision 4 Removal of conditions 116 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. (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. Page 68 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 117] (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 9 General provisions about registrations 117 Person is taken to be registered under this part (1) This section applies if, under this Act, an entity decides to— (a) register a person; or (b) restore a person’s registration. (2) The person is taken to be registered under this part. 118 Surrender of registrations (1) A registrant may surrender the registration by notice given to the board. (2) The surrender takes effect— (a) on the day the notice is given to the board; or (b) if a later day of effect is stated in the notice, on the later day. (3) The registrant must return the certificate of registration to the board within 14 days after the day the surrender takes effect, unless the registrant has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. 120 Replacement of certificates of registration (1) A registrant may apply to the board for the replacement of the certificate of registration if it has been lost, stolen, destroyed or damaged. (2) The board must consider the application and decide to grant, or refuse to grant, the application. Current as at 27 March 2013 Page 69

Dental Technicians Registration Act 2001 Part 3 Registration [s 121] (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. 121 Certified copy of certificates of registration A registrant may, on payment of the fee prescribed under a regulation, obtain from the board a certified copy of the certificate of registration. 122 Notification of change in circumstances A registrant must, within 21 days after the happening of a change in the registrant’s circumstances prescribed under a regulation, advise the board of the change. Maximum penalty—10 penalty units. 124 Notification of certain events to interstate regulatory authorities and other entities (1) This section applies if— (a) a person’s general registration or special purpose registration is cancelled under this Act; or (b) conditions are imposed, under this Act, on a person’s general registration or special purpose registration; or (c) conditions on a person’s general registration or special purpose registration are removed under this Act. Page 70 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 3 Registration [s 124] (2) As soon as practicable after an event mentioned in subsection (1) happens, the board must give notice about the event to the National Agency and 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 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) Medicare Australia; (h) the Health Quality and Complaints Commission; (i) the Minister; (j) another entity having a connection with the person’s practice as a general or special purpose registrant. (4) However, the board must not give a notice about the event to an entity under subsection (3) unless the board reasonably believes— (a) 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— Health Practitioner Regulation National Law (Queensland) see the Health Practitioner Regulation National Law Act 2009 , section 4. Current as at 27 March 2013 Page 71

Dental Technicians Registration Act 2001 Part 3 Registration [s 124AA] impose , a condition, does not include confirm the condition. National Agency see Health Practitioner Regulation National Law (Queensland), section 5. regulatory authorities means boards established under the health practitioner registration Acts. 124AA Short-term registration (1) An application may be made under this part for general 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. Page 72 Current as at 27 March 2013

Part 4 Dental Technicians Registration Act 2001 Part 4 Obligations of registrants and other persons [s 125] Obligations of registrants and other persons Division 1 Restricted titles and holding out 125 Taking of restricted titles etc. (1) A person who is not a registrant must not take or use a restricted title. Maximum penalty—1000 penalty units. Examples of an individual taking or using a restricted title — AB describing himself or herself as ‘AB, dental technician’ Examples of a corporation taking or using a restricted title — 1 ABC Pty Ltd describing itself as ‘ABC Pty Ltd, dental technicians’ 2 a corporation having a restricted title as part of its name (2) Subsection (1) does not apply to a person if— (a) the person takes or uses a restricted 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 registrant provides professional services. (3) Also, subsection (1) does not apply to a person if— (a) the person is undertaking study or training in the practice of the profession to obtain a qualification for registration; and (b) the person takes or uses a restricted 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 registrant use a restricted title. Current as at 27 March 2013 Page 73

Dental Technicians Registration Act 2001 Part 4 Obligations of registrants and other persons [s 125] 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 registration; and (b) the first person takes or uses a restricted title in relation to the other person, in the course of the study or training, in conjunction with words that indicate the other person is a student or trainee in the profession. (6) A person who is not a registrant must not take or use a title (other than a restricted title), name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (a) the person is a dental technician; or (b) the person is authorised or qualified to practise the profession. Maximum penalty—500 penalty units. (7) A person (the first person ) must not, in relation to another person who the first person knows, or ought reasonably to know, is not a registrant in the profession, use a title (other than a restricted title), name, initial, symbol, word or description that, having regard to the circumstances in which it is used, indicates or could reasonably be understood to indicate— (a) the other person is a dental technician; or (b) the other person is authorised or qualified to practise the profession. Maximum penalty—500 penalty units. (8) In this section the term ‘dental technician’ is not limited by the meaning of the term in the dictionary in schedule 4. Page 74 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 4 Obligations of registrants and other persons [s 126] 126 Claims by persons as to registration A person who is not a registrant in the profession 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. 127 Claims by persons as to other persons’ registration 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. 128 Restrictions on special purpose registrants, provisional general registrants and provisional special purpose registrants (1) A person who is a special purpose registrant or provisional special purpose registrant must not— (a) claim, or hold himself or herself out, to be a general registrant or provisional general registrant; or (b) allow himself or herself to be held out as being a general registrant or provisional general registrant; or (c) claim, or hold himself or herself out, to be eligible to be a general registrant or provisional general registrant. Maximum penalty—100 penalty units. (2) A person who is a provisional general registrant must not— (a) claim, or hold himself or herself out, to be a general registrant; or Current as at 27 March 2013 Page 75

Dental Technicians Registration Act 2001 Part 4 Obligations of registrants and other persons [s 129] (b) allow himself or herself to be held out as being a general registrant; or (c) claim, or hold himself or herself out, to be eligible to be a general registrant. Maximum penalty—100 penalty units. (3) A person who is a provisional special purpose registrant must not— (a) claim, or hold himself or herself out, to be a special purpose registrant; or (b) allow himself or herself to be held out as being a special purpose registrant; or (c) claim, or hold himself or herself out, to be eligible to be a special purpose registrant. Maximum penalty—100 penalty units. 129 Restrictions on registrants registered on conditions A registrant who is registered on conditions must not— (a) claim, or hold himself or herself out, to be registered without the conditions or any conditions; or (b) allow himself or herself to be held out as being registered without the conditions or any conditions. Maximum penalty—100 penalty units. Division 3 Advertising 132 Obligations of advertisers (1) A person must not advertise a professional service, or a business providing professional services, in a way that— (a) is false, misleading or deceptive or is likely to be misleading or deceptive; or Page 76 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 4 Obligations of registrants and other persons [s 133] Example for paragraph (a) — an advertisement that contains a false claim about the beneficial outcome of a professional service (b) offers a discount, gift or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms of the offer; or (c) refers to, uses or cites actual or purported endorsements or testimonials about the service or business, or a registrant; or (d) is disparaging of— (i) a professional service provided by another person; or (ii) a business providing professional services; or (iii) a registrant. Maximum penalty—200 penalty units. (2) A person must not advertise a professional service that the person knows or ought reasonably to know will, or is likely to, harm a person to whom it is provided. Maximum penalty—200 penalty units. (3) A person must not advertise a registrant’s expertise in a field of practice of the profession unless the registrant has the skills, knowledge, training or qualifications necessary to practise in the field. Maximum penalty—200 penalty units. (4) A printer or publisher does not commit an offence against subsection (1), (2) or (3) merely by, as part of his or her business, printing or publishing an advertisement for another person. 133 Information to appear in advertisements (1) A person must not advertise a professional service, or a business providing professional services, unless— Current as at 27 March 2013 Page 77

Dental Technicians Registration Act 2001 Part 4 Obligations of registrants and other persons [s 134] (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 on the Business Names Register or held under business names legislation) is stated in the advertisement. Note — See also the Business Names Registration Act 2011 (Cwlth), section 18 (Offence—carrying on a business under an unregistered business name). 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. (3) For subsection (1)(b), a name is held under business names legislation only if it is held under— (a) the Business Names Registration Act 2011 (Cwlth), section 54; or (b) the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth), schedule 1, item 5. (4) In this section— Business Names Register means the register established and maintained under the Business Names Registration Act 2011 (Cwlth) , section 22. Division 4 Registrants’ autonomy 134 Aiding and abetting etc. conduct that is a ground for disciplinary action (1) A person must not aid, abet, counsel, procure or induce a registrant to engage in conduct that the person is aware, or Page 78 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 4 Obligations of registrants and other persons [s 135] 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 135 Persons may be prohibited from supplying health services etc. (1) This section applies if a person is convicted of an offence against section 125, 126, 127, 132(1)(a), (2) or (3), 134(1) or 138. (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. (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. Current as at 27 March 2013 Page 79

Dental Technicians Registration Act 2001 Part 4 Obligations of registrants and other persons [s 136] (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. 136 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 125, 126, 127, 132(1)(a), (2) or (3) or 134(1). (2) Application may be made to the court under this section for an injunction in relation to the conduct or failure. Page 80 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 4 Obligations of registrants and other persons [s 136] (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. Current as at 27 March 2013 Page 81

Dental Technicians Registration Act 2001 Part 4 Obligations of registrants and other persons [s 137] (9) The court may discharge an injunction granted under this section at any time. (10) The powers conferred on the court by this section are in addition to, and do not limit, any other powers of the court. (11) In this section— court means— (a) if proceedings for an offence relating to the conduct or failure are pending in a Magistrates Court—the Magistrates Court; or (b) in any case—the District Court. Division 6 Reprisals 137 Reprisal and grounds for reprisals (1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that— (a) anybody has given, or may give, information or assistance to the board or an inspector about a person’s alleged contravention of division 1 or section 132(1)(a), (2) or (3) or 134(1); or (b) anybody has given, or may give, evidence to the court in proceedings for an offence against division 1 or section 132(1)(a), (2) or (3) or 134(1). (2) An attempt to cause detriment includes an attempt to induce a person to cause detriment. (3) A contravention of subsection (1) is a reprisal or the taking of a reprisal. (4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal. (5) For the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground Page 82 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 4 Obligations of registrants and other persons [s 138] for the act or omission that is the reprisal, even if there is another ground for the act or omission. 138 Offence for taking reprisal A person who takes a reprisal commits an offence. Maximum penalty—167 penalty units or 2 years imprisonment. 139 Damages entitlement for reprisal (1) A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result. (2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal. (3) If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury. Division 7 Other provisions 140 Payment, or acceptance of payment, for referrals prohibited (1) This section applies to a registrant, or a person carrying on a business providing professional services, (the service provider ). (2) The service provider must not, directly or indirectly, pay an amount or give another benefit, or attempt to pay an amount or give another benefit, to a person in return for the person referring another person to the service provider or service provider’s business. Maximum penalty—200 penalty units. (3) The service provider must not, directly or indirectly, accept payment or another benefit for referring a user of the professional services provided by the service provider, or Current as at 27 March 2013 Page 83

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 141] 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. Part 5 Investigation and enforcement Division 1 Inspectors 141 Functions of inspectors An inspector has the function of conducting investigations and inspections to enforce compliance with this Act. 142 Powers of inspectors For this Act, an inspector has the powers given to the person under this Act. 143 Limitation on powers of inspectors The powers of an inspector may be limited under a condition of appointment. Division 2 Appointment of inspectors and other matters 144 Appointments The board may appoint the following persons as an inspector— (a) a member; (b) the executive officer; Page 84 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 145] (c) if the executive officer has agreed to the appointment, a member of the office’s staff the board considers has the necessary expertise or experience to be an inspector; (d) another person the board considers has the necessary expertise or experience to be an inspector. 145 Appointment conditions (1) An inspector holds office on the conditions stated in the instrument of appointment. (2) An inspector ceases holding office— (a) if the appointment provides for a term of appointment—at the end of the term; or (b) if the conditions of appointment provide—on ceasing to hold another office (the main office ) stated in the appointment conditions. (3) An inspector may resign by signed notice of resignation given to the board. (4) However, an inspector may not resign from the office of inspector (the secondary office ) if a condition of the inspector’s employment to the main office requires the inspector to hold the secondary office. 146 Identity cards (1) The board must give an identity card to each inspector. (2) The identity card must— (a) contain a recent photograph of the inspector; and (b) be signed by the inspector; and (c) identify the person as an inspector for this Act; and (d) include an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and other Acts. Current as at 27 March 2013 Page 85

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 147] 147 Failure to return identity card A person who ceases to be an inspector must return the person’s identity card to the chairperson within 7 days after the person ceases to be an inspector, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. 148 Production or display of inspector’s identity card (1) An inspector may exercise a power in relation to someone else (the other person ) only if the inspector— (a) first produces the inspector’s identity card for the other person’s inspection; or (b) has the identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for the other person’s inspection at the first reasonable opportunity. Division 3 Powers of inspectors Subdivision 1 Entry of places 149 Power to enter places (1) An inspector may enter a place if— (a) its occupier consents to the entry; or (b) it is a public place and the entry is made when the place is open to the public; or (c) the entry is authorised by a warrant. Page 86 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 150] (2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant— (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. Subdivision 2 Procedure for entry 150 Entry with consent (1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 149(1)(a). (2) Before asking for the consent, the inspector must tell the occupier— (a) the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent. (4) The acknowledgement 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 acknowledgement, the inspector must immediately give a copy to the occupier. Current as at 27 March 2013 Page 87

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 151] (6) A court must find the occupier of a place did not consent to an inspector entering the place under this part if— (a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 149(1)(a); and (b) an acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry. 151 Application for warrant (1) An inspector may apply to a magistrate for a warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example — The magistrate may require additional information supporting the application to be given by statutory declaration. 152 Issue of warrant (1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and (b) the evidence is at the place, or may be at the place within the next 7 days. (2) The warrant must state— (a) that a stated inspector may, with necessary and reasonable help and force— Page 88 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 153] (i) enter the place and any other place necessary for entry; and (ii) exercise the inspector’s powers under this part; and (b) the offence for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the place may be entered; and (e) the date, within 14 days after the warrant’s issue, the warrant ends. 153 Special warrants (1) An inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the inspector’s remote location. (2) Before applying for the special warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (3) The inspector may apply for the special warrant before the application is sworn. (4) After issuing the special warrant, the magistrate must immediately fax a copy (the facsimile warrant ) to the inspector if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy to the inspector— (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 Current as at 27 March 2013 Page 89

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 154] (b) the inspector must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the special warrant; and (iii) the terms of the special warrant. (6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the special warrant issued. (7) The inspector must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the inspector completed a warrant form, the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the special warrant. (9) A court must find the exercise of the power by an inspector was not authorised by a special warrant if— (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant mentioned in subsection (1); and (b) the special warrant is not produced in evidence; and (c) it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the special warrant. 154 Warrants—procedure before entry (1) This section applies if an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant. (2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— Page 90 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 155] (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s identity card or other document evidencing the inspector’s appointment; (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 153(6), a copy of the facsimile warrant or warrant form; (c) tell the person the inspector is permitted by the warrant to enter the place; (d) give the person an opportunity to allow the inspector immediate entry to the place without using force. (3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. Subdivision 3 Powers after entry 155 General powers after entering places (1) This section applies to an inspector who enters a place. (2) However, if an inspector enters a place to get the occupier’s consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised. (3) For enforcing compliance with this Act, the inspector may— (a) search any part of the place; or (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or (c) take a thing, or a sample of or from a thing, for analysis or testing; or (d) take an extract from, or copy, a document at the place; or Current as at 27 March 2013 Page 91

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 156] (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. 156 Failure to help inspector (1) A person required to give reasonable help under section 155(3)(f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (2) If an individual is required under section 155(3)(f) to give information, or produce a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual. 157 Failure to give information (1) A person of whom a requirement is made under section 155(3)(g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—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. Page 92 Current as at 27 March 2013

Subdivision 4 Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 158] Power to seize evidence 158 Seizing evidence at a place that may be entered without consent or warrant An inspector who enters a place that may be entered under this division without the consent of the occupier and without a warrant, may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act. 159 Seizing evidence at a place that may only be entered with consent or warrant (1) This section applies if— (a) an inspector is authorised to enter a place under this division only with the consent of the occupier of the place or a warrant; and (b) the inspector enters the place after obtaining the necessary consent or warrant. (2) If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if— (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent. (3) If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued. (4) The inspector also may seize anything else at the place if the inspector reasonably believes— (a) the thing is evidence of an offence against this Act; and (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or Current as at 27 March 2013 Page 93

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 160] (ii) used to continue, or repeat, the offence. (5) Also, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act. 160 Securing seized things Having seized a thing, an inspector may— (a) move the thing from the place where it was seized (the place of seizure ); or (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Examples of restricting access to a thing — 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted 161 Tampering with seized things If an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an inspector’s approval. Maximum penalty—100 penalty units. 162 Powers to support seizure (1) To enable a thing to be seized, an inspector may require the person in control of it— (a) to take it to a stated reasonable place by a stated reasonable time; and (b) if necessary, to remain in control of it at the stated place for a reasonable time. (2) The requirement— Page 94 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 163] (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. 163 Receipts for seized things (1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized. (2) However, if for any reason it is not practicable to comply with subsection (1), the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way. (3) The receipt must describe generally each thing seized and its condition. (4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value. 164 Forfeiture of seized things (1) A seized thing is forfeited to the State if the inspector who seized the thing— (a) can not find its owner, after making reasonable inquiries; or (b) can not return it to its owner, after making reasonable efforts; or Current as at 27 March 2013 Page 95

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 165] (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— (i) whether it is reasonable to make inquiries or efforts; and (ii) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable; or (b) in deciding whether it would be unreasonable to give the information notice. 165 Forfeiture on conviction (1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of— (a) anything used to commit the offence; or Page 96 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 166] (b) anything else the subject of the offence. (2) The court may make the order— (a) whether or not the thing has been seized; and (b) if the thing has been seized, whether or not the thing has been returned to its owner. (3) The court may make any order to enforce the forfeiture it considers appropriate. (4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law. 166 Dealing with forfeited things etc. (1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the executive officer as the executive officer considers appropriate. (2) Without limiting subsection (1), the executive officer may destroy or dispose of the thing. (3) Despite subsection (1), the executive officer must not deal with the thing in a way that could prejudice the outcome of— (a) a review by QCAT under section 180(1); or (b) an appeal, relevant to the thing, of which the executive officer is aware. 167 Return of seized things (1) If a seized thing has not been forfeited, the inspector must return it to its owner— (a) at the end of 6 months; or (b) if 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 Current as at 27 March 2013 Page 97

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 168] to its owner if the inspector stops being satisfied its continued retention as evidence is necessary. 168 Access to seized things (1) Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it. (2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying. Subdivision 5 Power to obtain information 169 Power to require name and address (1) This section applies if— (a) an inspector finds a person committing an offence against this Act; or (b) an inspector finds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act. (2) The inspector may require the person to state the person’s name and residential address. (3) When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse. (4) The inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address is false. (5) A requirement under subsection (2) or (4) is called a personal details requirement . Page 98 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 170] 170 Failure to give name or address (1) A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—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. 171 Power to require production of documents (1) An inspector may require a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a reasonable time and place nominated by the inspector a document issued to the person under this Act. (2) The inspector may keep the document to copy it. (3) The inspector must return the document to the person as soon as practicable after copying it. (4) While the document is in the inspector’s possession, the inspector must allow it to be inspected or copied, at a reasonable time, by a person who would be entitled to inspect or copy it were it not in the inspector’s possession. (5) A requirement under subsection (1) is called a document production requirement . 172 Failure to produce document (1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. Current as at 27 March 2013 Page 99

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 173] (2) It is not a reasonable excuse for an individual not to comply with a document production requirement if complying with the requirement might tend to incriminate the individual. 173 Power to require information (1) This section applies if an inspector reasonably believes— (a) an offence against this Act has been committed; and (b) 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 174 Notice of damage (1) This section applies if— (a) an inspector damages property when exercising or purporting to exercise a power; or (b) a person (the other person ) acting under the direction of an inspector damages property. (2) The inspector must immediately give notice of particulars of the damage to the person who appears to the inspector to be the owner of the property. (3) If the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector’s Page 100 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 175] or other person’s control, the inspector may state the belief in the notice. (4) If, for any reason, it is impracticable to comply with subsection (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (5) This section does not apply to damage the inspector reasonably believes is trivial. (6) In this section— owner , of property, includes the person in possession or control of it. 175 Compensation (1) A person may claim from the board the cost of repairing or replacing property damaged because of the exercise or purported exercise of a power under any of the following subdivisions of division 3— • subdivision 1 (Entry of places) • subdivision 3 (Powers after entry) • subdivision 4 (Power to seize evidence). (2) Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision. (3) Compensation may be claimed and ordered to be paid in a proceeding— (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or (b) for an offence against this Act brought against the person claiming compensation. (4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. Current as at 27 March 2013 Page 101

Dental Technicians Registration Act 2001 Part 5 Investigation and enforcement [s 176] 176 False or misleading information A person must not give information to an inspector the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units. 177 False or misleading documents (1) A person must not give an inspector a document containing information the person knows is false or misleading in a material particular. Maximum penalty—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. 178 Obstructing inspectors (1) A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (2) If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— (a) it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and (b) the inspector considers the person’s conduct is an obstruction. (3) In this section— obstruct includes hinder and attempt to obstruct or hinder. Page 102 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 6 Reviews by QCAT [s 179] 179 Impersonation of inspectors A person must not pretend to be an inspector. Maximum penalty—50 penalty units. Part 6 Reviews by QCAT 180 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. 181 Particular matters relating to powers of QCAT (1) If on the review of an original decision 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. Current as at 27 March 2013 Page 103

Dental Technicians Registration Act 2001 Part 7 Legal proceedings [s 185] Part 7 Legal proceedings Division 1 Evidence 185 Application of division This division applies to a proceeding under this Act. 186 Appointments and authority It is not necessary to prove— (a) an inspector’s, or member’s, appointment; or (b) the executive officer’s appointment; or (c) the authority of an inspector, a member, the executive officer or a member of the office’s staff to do anything under this Act. 187 Signatures A signature purporting to be the signature of the Minister, the chairperson, a member, an inspector, the executive officer or a member of the office’s staff is evidence of the signature it purports to be. 188 Evidentiary provisions A certificate purporting to be signed by the executive officer and stating any of the following matters is evidence of the matter— (a) a stated document is one of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) a certificate of registration; Page 104 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 7 Legal proceedings [s 189] (iv) a record, or an extract from a record; (v) the register, or an extract from the register; (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 189 Indictable and summary offences (1) An offence against section 138 is an indictable offence. (2) Any other offence against this Act is a summary offence. 190 Proceedings for indictable offences (1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— Current as at 27 March 2013 Page 105

Dental Technicians Registration Act 2001 Part 7 Legal proceedings [s 191] (a) by way of summary proceeding under the Justices Act 1886 ; or (b) on indictment. (2) A magistrate must not hear an indictable offence summarily if— (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or (b) the magistrate considers the charge should be prosecuted on indictment. (3) If subsection (2) applies— (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and (b) 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). 191 Limitation on who may summarily hear indictable offence (1) The proceeding must be before a magistrate if it is a proceeding— (a) for the summary conviction of a person on a charge for an indictable offence; or (b) for an examination of witnesses for a charge for an indictable offence. (2) However, if the proceeding is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 . Page 106 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 7 Legal proceedings [s 192] 192 Limitation on time for starting summary proceedings A proceeding for a summary offence against this Act by way of summary proceeding under the Justices Act 1886 must start— (a) within 1 year after the commission of the offence; or (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. 193 Allegations of false or misleading information or documents In any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’. 194 Penalties to be paid to board All penalties recovered as a result of proceedings for offences against this Act brought by the board must be ordered to be paid to the board. 195 Responsibility for acts or omissions of representatives (1) This section applies in a proceeding for an offence against this Act. (2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— (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 Current as at 27 March 2013 Page 107

Dental Technicians Registration Act 2001 Part 7 Legal proceedings [s 196] representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission. (4) In this section— representative means— (a) for a corporation—an executive officer, employee or agent of the corporation; or (b) for an individual—an employee or agent of the individual. state of mind of a person includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose. 196 Executive officers must ensure corporation complies with Act (1) The executive officers of a corporation must ensure the corporation complies with this Act. (2) If a corporation commits an offence against a provision of this Act, each of the corporation’s executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the provision. Maximum penalty—the penalty for the contravention of the provision by an individual. (3) Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure the corporation complies with the provision. (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 Page 108 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 8 Register, records and information [s 197] 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. Part 8 Register, records and information Division 1 Register 197 Register to be kept (1) The board must keep a register about registrants. (2) The register may be kept in the way the board considers appropriate, including, for example, in an electronic form. (3) The register must contain the following details for each registrant— (a) 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, 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, details of the special activity for which the registrant is registered; (f) if conditions are imposed, under this Act, on the registrant’s registration— Current as at 27 March 2013 Page 109

Dental Technicians Registration Act 2001 Part 8 Register, records and information [s 198] (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; (g) any other information required to be recorded in the register under the Health Practitioners (Professional Standards) Act 1999 ; (h) other details prescribed under a regulation. (4) For subsection (3)(f), the fact or details must be recorded in the register for the period the conditions are in force. 198 Inspection of register (1) The board must— (a) keep the register open for inspection, free of charge, at the office by members of the public during ordinary office hours; and (b) give a person a copy of the register, or a part of it, on payment of the fee prescribed under a regulation. (2) Subsection (1) does not apply to details of the residential address of a registrant, unless the registrant gives notice to the board that he or she agrees to the details being able to be inspected. Division 2 Records to be kept 199 Records (1) The board must keep records of the following details about each registrant or former registrant— (a) if the registration was affected under the Health Practitioners (Professional Standards) Act 1999 , details Page 110 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 8 Register, records and information [s 200] 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 200 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— Current as at 27 March 2013 Page 111

Dental Technicians Registration Act 2001 Part 8 Register, records and information [s 200] (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 (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. Page 112 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 9 Miscellaneous [s 201] 201 Board’s annual report must disclose authorisation (1) This section applies if the board is given information, under section 200(5), in a financial year about an authorisation. (2) The board must include a statement about the authorisation in its annual report under the Financial Accountability Act 2009 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 2 Continuing professional education of registrants 209 Continuing professional education programs (1) The board may develop or recognise a program for the continuing professional education of registrants. (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. Current as at 27 March 2013 Page 113

Dental Technicians Registration Act 2001 Part 9 Miscellaneous [s 210] (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 210 Definitions for div 3 In this division— declaration period see section 211(3). declared event means an event declared to be a declared event under section 211(1). interstate law means a law of another State that provides for the same matter as this Act. local practitioner means a person registered under this Act. participant means a person who is officially participating in, or preparing for, a declared event. prepare includes the following— (a) train; (b) practise; (c) rehearse; (d) acclimatise. visiting practitioner , in relation to a declared event, means a person who— (a) is not a local practitioner; and (b) is registered under an interstate law; and (c) is appointed, employed, contracted or otherwise engaged to provide professional services to a participant in relation to the event. Page 114 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 9 Miscellaneous [s 211] 211 Declaration of events (1) The Minister may, by notice, declare a sporting, cultural or other event to be a declared event for this Act. (2) The notice must be for an event taking place, or to take place, in the State that will or is likely to attract a significant number of participants. (3) The notice must state a period during which the declaration is to remain in force (the declaration period ). (4) The declaration period for the declared event may include a period before or after the declared event takes place. (5) The notice is subordinate legislation. 212 Deemed general registration of visiting practitioners (1) This section applies to a visiting practitioner in relation to a declared event. (2) Subject to subsections (4) and (5), the practitioner is taken to be a general registrant, during the declaration period for the event, in relation to the provision of professional services to a participant in the event. (3) The practitioner’s deemed general registration under subsection (2) is taken to be subject to any conditions of the practitioner’s registration under an interstate law. (4) Part 3, divisions 4 to 7 and 9 do not apply to the practitioner while the practitioner is taken, under subsection (2), to be a general registrant. (5) The practitioner is not taken to be a registrant for the operation of sections 37(1)(b) and 197. Current as at 27 March 2013 Page 115

Dental Technicians Registration Act 2001 Part 9 Miscellaneous [s 213] Division 4 Other provisions 213 Protecting officials from liability (1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the board. (3) In this section— official means— (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. 214 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 Page 116 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 9 Miscellaneous [s 214] (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— (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— Current as at 27 March 2013 Page 117

Dental Technicians Registration Act 2001 Part 9 Miscellaneous [s 214] (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— (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 Page 118 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 9 Miscellaneous [s 215] 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 (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. 215 Certificates etc. not to be false or misleading A registrant must not, in the registrant’s professional capacity, sign or give to another person, a certificate, notice, report or other document the registrant knows is false or misleading in a material particular. Maximum penalty—50 penalty units. 216 Application of provisions (1) This section applies if a provision of this Act applies another provision of this Act for a purpose. (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. Current as at 27 March 2013 Page 119

Dental Technicians Registration Act 2001 Part 9 Miscellaneous [s 217] 217 Approval of forms The board may approve forms for use under this Act. 218 Examination fees A person who sits an examination set and administered by the board under this Act must, before sitting the examination, pay the board the fee for the examination prescribed under a regulation. 219 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made about the following— (a) fees, including the refunding of fees, for this Act; (b) imposing a penalty of not more than 20 penalty units for a contravention of a provision of a regulation. (3) Without limiting subsection (2)(a), a regulation may prescribe amounts as fees having regard to the costs of the board performing its functions under, or complying with— (a) an Act in the legislative scheme; or (b) another Act. Page 120 Current as at 27 March 2013

Part 10 Dental Technicians Registration Act 2001 Part 10 Repeal and transitional provisions [s 220] Repeal and transitional provisions Division 1 Repeal 220 Repeal of Dental Technicians and Dental Prosthetists Act 1991 The Dental Technicians and Dental Prosthetists Act 1991 (1991 Act No. 57) is repealed. Division 2 Transitional provisions for Act No. 5 of 2001 221 Definitions for div 2 In this division— column 1 registration see section 232(1). column 2 registration see section 232(2). commencement means commencement of this section. former board means the Dental Technicians and Dental Prosthetists Board of Queensland under the repealed Act. item , followed by a number, in relation to a column 1 or 2 registration, means the column 1 or 2 registration identified in the table in section 232(1) by the item number. 222 References to repealed Act or former board (1) In an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act. (2) A reference in an Act or document to the former board may, if the context permits, be taken as a reference to the board. Current as at 27 March 2013 Page 121

Dental Technicians Registration Act 2001 Part 10 Repeal and transitional provisions [s 223] 223 Board is the legal successor (1) The board is the successor in law of the former board. (2) Sections 224 to 228 do not limit subsection (1). 224 Assets and liabilities etc. On the commencement— (a) the assets and liabilities of the former board become assets and liabilities of the board; and (b) any contracts entered into by or on behalf of the former board and all guarantees, undertakings and securities given by or on behalf of the former board, in force immediately before the commencement, are taken to have been entered into or given by or to the board and may be enforced against or by the board; and (c) any property that, immediately before the commencement, was held on trust, or subject to a condition, by the former board continues to be held by the board on the same trusts, or subject to the same condition. 225 Service agreements A service agreement entered into by the former board, in force immediately before the commencement, is taken to have been entered into by the board. 226 Proceedings A proceeding that could have been started or continued by or against the former board before the commencement may be started or continued by or against the board. Page 122 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 10 Repeal and transitional provisions [s 227] 227 Dealing with matter under Health Practitioners (Professional Standards) Act 1999 A matter that had started to be, or could have been, dealt with under the Health Practitioners (Professional Standards) Act 1999 by the former board before the commencement may be continued, or started, to be dealt with by the board. 228 Offences (1) Proceedings for an offence against the repealed Act may be continued, or started by the board, and the provisions of the repealed Act and the Medical Act and Other Acts (Administration) Act 1966 necessary 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 . 229 Membership of board (1) From the commencement, the board consists of the existing members. (2) Also, the board may include other persons appointed by the Governor in Council (the additional members ). (3) However, the first board must not consist of more than 11 members. (4) An existing member holds office as a member until the earlier of the following days— (a) the day the existing member’s term of appointment under the repealed Act would have ended if this Act had not commenced; (b) if the existing member vacates office under this Act before the day mentioned in paragraph (a), the day the existing member vacates office. Current as at 27 March 2013 Page 123

Dental Technicians Registration Act 2001 Part 10 Repeal and transitional provisions [s 230] (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. 230 Chairperson and deputy chairperson of board (1) From the commencement— (a) the existing chairperson is taken to be the chairperson of the board as constituted under section 229; and (b) the existing deputy chairperson is taken to be the deputy chairperson of the board as constituted under section 229. (2) The existing chairperson ceases to hold office as the chairperson if the existing chairperson vacates the office of chairperson under this Act. (3) The existing deputy chairperson ceases to hold office as the deputy chairperson if the existing deputy chairperson vacates the office of deputy chairperson under this Act. (4) This section has effect despite section 19(1) and (3). (5) In this section— existing chairperson means the person who, immediately before the commencement, held office as the chairperson of the former board. Page 124 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 10 Repeal and transitional provisions [s 231] existing deputy chairperson means the person who, immediately before the commencement, held office as the deputy chairperson of the former board. 231 Appeals (1) Subsection (2) applies if— (a) a person has appealed to the District Court under repealed section 53 before the commencement against a decision of the former board; and (b) the appeal has not been decided before the commencement. (2) The District Court may hear, or continue to hear, and decide the appeal under the repealed Act as if this Act had not commenced. (3) Subsection (4) applies if— (a) immediately before the commencement a person could have appealed to the District Court under the repealed section 53 against a decision of the former board; and (b) the person has not appealed before the commencement. (4) The person may appeal, and the District Court may hear and decide the appeal, under the repealed Act as if this Act had not commenced. (5) For giving effect to its decision under subsection (2) or (4), the District Court may make the orders it considers necessary having regard to the provisions of this Act. Example for subsection (5) — On an appeal by a person against a decision of the former board to refuse to register the person as a dental technician or dental prosthetist under the repealed Act, the District Court may order that the board register the person under this Act. (6) In this section— repealed section 53 means section 53 of the repealed Act. Current as at 27 March 2013 Page 125

Dental Technicians Registration Act 2001 Part 10 Repeal and transitional provisions [s 232] 232 Existing registrations (1) This section applies to a person who immediately before the commencement was registered, under the repealed Act, for a category of registration mentioned in column 1 of the following table (the column 1 registration )— Table Column 1 Column 2 1 registration as a dental technician under section 25(1) of the repealed Act 2 registration as a dental prosthetist under section 25(2) of the repealed Act 3 provisional registration as a dental technician under section 29 of the repealed Act general registration as a dental technician general registration as a dental prosthetist provisional general registration as a dental technician 4 provisional registration as a dental prosthetist under section 29 of the repealed Act provisional general registration as a dental prosthetist. (2) The person is taken to be registered for the category of registration mentioned in column 2 of the table (the column 2 registration ) shown opposite the column 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) 30 April first happening after the commencement; (b) the day that is 3 months after the commencement. (5) However, subsection (4) stops applying if the column 2 registration is surrendered or cancelled. Page 126 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 10 Repeal and transitional provisions [s 233] 233 Existing applications for certain column 1 registrations (1) An application for an item 1 or 2 column 1 registration made under the repealed Act, and not decided before the commencement, must be decided under this Act. (2) The application is taken to be for the column 2 registration shown opposite the column 1 registration. (3) Part 3, division 2 applies to the application. (4) However, the provisions of part 3, division 2 dealing with making the application in the approved form and paying the application fee and registration fee, that would otherwise apply do not apply to the application. 234 Existing applications for restoration of certain column 1 registrations (1) An application for the restoration of an item 1 or 2 column 1 registration made under section 31(4) of the repealed Act, and not decided before the commencement, must be decided under this Act. (2) The application is taken to be for the restoration of the column 2 registration shown opposite the column 1 registration. (3) Part 3, division 5 applies to the application. (4) However, the following provisions do not apply to the application— (a) the provisions, applied by section 76, to the extent to which they relate to recency of practice requirements; (b) sections 77, 78 and 82. 235 Suspended registrations (1) This section applies if an item 1 or 2 column 1 registration has been suspended and the period of suspension has not ended before the commencement. Current as at 27 March 2013 Page 127

Dental Technicians Registration Act 2001 Part 10 Repeal and transitional provisions [s 238] (2) The suspension is taken to continue as a suspension of the column 2 registration shown opposite the column 1 registration. 238 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. 239 Certain Act has not been repealed (1) This section applies if an Act mentioned in column 2 of the following table (the column 2 Act ) has not been repealed— Table Column 1 Column 2 Chiropractors Registration Act 2001 Dental Practitioners Registration Act 2001 Medical Practitioners Registration Act 2001 Occupational Therapists Registration Act 2001 Optometrists Registration Act 2001 Chiropractors and Osteopaths Act 1979 Dental Act 1971 Medical Act 1939 Occupational Therapists Act 1979 Optometrists Act 1974 Page 128 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 10 Repeal and transitional provisions [s 240] Column 1 Column 2 Osteopaths Registration Act 2001 Chiropractors and Osteopaths Act 1979 Pharmacists Registration Act 2001 Pharmacy Act 1976 Physiotherapists Registration Act 2001 Physiotherapists Act 1964 Podiatrists Registration Act 2001 Podiatrists Act 1969 Psychologists Registration Act 2001 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 Transitional provision for Health Legislation Amendment Act 2005 240 Sections 135 and 205 not to apply to certain convictions for offences against s 124A (1) This section applies if— (a) a person is convicted of an offence against section 124A; and (b) the offence was committed before the commencement of this section. (2) Sections 135 and 205 do not apply in relation to the person’s conviction for the offence. Current as at 27 March 2013 Page 129

Dental Technicians Registration Act 2001 Part 10 Repeal and transitional provisions [s 241] Division 4 Transitional provisions for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 241 Definitions for div 4 In this division— commencement means commencement of this section. pre-amended Act means this Act as in force from time to time before the commencement. 242 Membership of board (1) From the commencement, the board consists of the existing members. (2) If an existing member was nominated under the pre-amended Act, section 16(b), the existing member holds office as a member until 1 July 2010 unless his or her membership ends earlier under this Act. (3) This section has effect despite sections 15 to 18 and 20. (4) In this section— existing member means a person who, immediately before the commencement, held office as a member of the former board. former board means the Dental Technicians and Dental Prosthetists Board of Queensland under the pre-amended Act. 243 Change of name does not affect legal personality (1) The change of name of the board from the ‘Dental Technicians and Dental Prosthetists Board of Queensland’ to the ‘Dental Technicians Board of Queensland’ does not— (a) affect the board’s legal personality or identity; or Page 130 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Part 10 Repeal and transitional provisions [s 244] (b) affect a right, entitlement, benefit or liability of the board or anyone else; or (c) make legal proceedings by or against the board defective. (2) In addition, but without limiting subsection (1), a legal proceeding that could have been started or continued by or against the board under its former name may be started or continued by or against it under its new name. 244 References to Dental Technicians and Dental Prosthetists Board A reference in an Act or document to the Dental Technicians and Dental Prosthetists Board of Queensland may, if the context permits, be taken as a reference to the Dental Technicians Board of Queensland. Current as at 27 March 2013 Page 131

Dental Technicians Registration Act 2001 Schedule 1 Schedule 1 Decisions for which information notices must be given section 180(2) Section 51 51, as applied by section 103 57 73 73, as applied by section 76 73 as applied by section 110 74 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 special purpose registration deciding to renew a general registration on recency of practice conditions and deciding the review period applying to the conditions Page 132 Current as at 27 March 2013

Section 74, as applied by section 76 87 87, as applied by section 114 95 108 112 120 164(1)(c) Dental Technicians Registration Act 2001 Schedule 1 Description of decision deciding to restore a general registration on recency of practice conditions and deciding the review period applying to the conditions deciding to cancel a general registration deciding to cancel a special purpose registration deciding to confirm or change conditions of a general registration and deciding the review period applying to the conditions deciding to register a person as a special purpose registrant on conditions deciding to renew a special purpose registration on conditions deciding to refuse to grant an application for the replacement of a certificate of registration decision resulting in a thing being forfeited to the State Current as at 27 March 2013 Page 133

Dental Technicians Registration Act 2001 Schedule 4 Schedule 4 Dictionary section 8 accepted representations see section 85(2). advertise includes— (a) placing an entry in a directory; and (b) displaying a sign; and (c) using printed stationery. application fee see section 42(1)(c)(ii). approved form means a form approved by the board. artificial denture means a removable prosthesis that replaces missing natural teeth but is not held in place by a dental implant or intracoronal retainer or rest. assessment report see section 48(1). authorised person , for part 3, division 3, see section 59(1). board means the Dental Technicians Board of Queensland. business name , of a business, means a name or style under which the business is carried on. certificate of general registration means a certificate of general registration issued under part 3. certificate of provisional general registration means a certificate of provisional general registration issued under section 60(5). certificate of provisional special purpose registration means a certificate of provisional special purpose registration issued under part 3, division 8. certificate of registration means a certificate of general registration, certificate of provisional general registration, certificate of special purpose registration or certificate of provisional special purpose registration. Page 134 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Schedule 4 certificate of special purpose registration means a certificate of special purpose registration issued under part 3, division 8. certified copy , of a certificate of registration, means a copy that is certified by the board as being a true copy of the certificate. chairperson means the chairperson of the board appointed under section 19(1). column 1 registration , for part 10, division 2, see section 221. column 2 registration , for part 10, division 2, see section 221. commencement — (a) for part 10, division 2, see section 221; and (b) for part 10, division 4, see section 241. committee means a committee of the board established under section 33(1). convicted , of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded. corresponding law means a law applying, or that applied, in another State, the Commonwealth or a foreign country that provides, or provided, for the same matter as— (a) a health practitioner registration Act or the Health Practitioners (Professional Standards) Act 1999 ; or (b) a provision of a health practitioner registration Act or the Health Practitioners (Professional Standards) Act 1999 . 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 210. Current as at 27 March 2013 Page 135

Dental Technicians Registration Act 2001 Schedule 4 Page 136 declared event , for part 9, division 3, see section 210. dentist means a registrant under the Dental Practitioners Registration Act 2001 , other than— (a) a dental auxiliary registrant or provisional dental auxiliary registrant; or (b) a special purpose registrant or provisional special purpose registrant whose registration is based on a qualification as a dental auxiliary. deputy chairperson means the deputy chairperson of the board appointed under section 19(1). document production requirement see section 171(5). educational institution means a university, training institution or professional college engaged in the education of persons in the practice of a profession. executive officer means the executive officer appointed under the Health Practitioner Registration Boards (Administration) Act 1999 . executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer. facsimile warrant see section 153(4). foreign regulatory authority means— (a) an interstate regulatory authority; or (b) an entity established under a law applying in a foreign country, other than New Zealand, having functions similar to the board’s functions under this Act or the Health Practitioners (Professional Standards) Act 1999 . former board , for part 10, division 2, see section 221. former registrant means a person who was, but is not currently, registered under part 3. general registrant means a person registered, under part 3, as a general registrant, but does not include a provisional general registrant. Current as at 27 March 2013

Dental Technicians Registration Act 2001 Schedule 4 general registration means registration of a person as a general registrant under part 3. general registration period see section 56(1). health assessment , in relation to a person, includes— (a) a physical, medical, psychiatric or psychological examination or test of the person; and (b) asking questions to assess the person’s mental and physical health. health practitioner registration Act means any 1 of the following— • Health Practitioner Regulation National Law • Speech Pathologists Registration Act 2001 • this Act. health service means a service for maintaining, improving or restoring people’s health and wellbeing. healthy mouth means a mouth and temporomandibular joint that are free of disease, damage or abnormality. 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; (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— Current as at 27 March 2013 Page 137

Dental Technicians Registration Act 2001 Schedule 4 Page 138 (i) for a general registration—the review period applying to the conditions; and (ii) for conditions imposed because of the person’s mental and physical health, the details of which it has been decided under section 57(4) to record in the register—the details that must be recorded in the register for the period for which the conditions are in force; (f) if the decision is that a general registration be renewed or restored on recency of practice conditions, the review period applying to the conditions; (g) if the decision is that a registration be cancelled—a direction to the person— (i) to return the certificate of registration to the board within 14 days after receiving the notice; and (ii) for a decision that a dental prosthetist’s general registration as a dental technician be cancelled—to return the certificate of general registration as a dental prosthetist to the board within 14 days after receiving the notice; (h) if the decision is that the conditions imposed on a general registration be confirmed, the review period applying to the confirmed conditions; (i) if the decision is that the conditions imposed on a general registration be changed— (i) the review period applying to the changed conditions; and (ii) if the conditions were imposed because of the person’s mental and physical health and it is decided under section 100(2) that details of the changed conditions must be recorded in the register, the details that must be recorded in the register for the period for which the changed conditions are in force; and Current as at 27 March 2013

Dental Technicians Registration Act 2001 Schedule 4 (iii) a direction to the person to return the certificate of registration to the board within 14 days after receiving the notice; and (iv) for a decision that conditions on a dental prosthetist’s general registration as a dental technician be changed—a direction to the person to return the certificate of general registration as a dental prosthetist to the board within 14 days after receiving the notice. inspector means a person who is appointed as an inspector under section 144. interstate law , for part 9, division 3, see section 210. interstate regulatory authority means an entity established under the law of another State or New Zealand having functions similar to the board’s functions under this Act or the Health Practitioners (Professional Standards) Act 1999 . item , for part 10, division 2, see section 221. legislative scheme see section 4. local practitioner , for part 9, division 3, see section 210. Medicare Australia means Medicare Australia established under the Health Insurance Commission Act 1973 (Cwlth), section 4. medical condition includes substance abuse or dependence. member means a member of the board. notice means written notice. occupier , of a place, includes a person who reasonably appears to be an occupier, or in charge, of the place. office means the Office of Health Practitioner Registration Boards under the Health Practitioner Registration Boards (Administration) Act 1999 . original decision see section 180(1). participant , for part 9, division 3, see section 210. personal details requirement see section 169(5). Current as at 27 March 2013 Page 139

Dental Technicians Registration Act 2001 Schedule 4 Page 140 place includes premises, vacant land and a vehicle. place of seizure see section 160. pre-amended Act for part 10, division 4, see section 241. 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 210. profession means the dental technology profession. professional service means a dental technology service. provisional general registrant means a person registered, under section 60, as a provisional general registrant. provisional general registration means registration of a person as a provisional general registrant under section 60. provisional special purpose registrant means a person registered, under part 3, division 8, as a provisional special purpose registrant. provisional special purpose registration means registration of a person as a provisional special purpose registrant under part 3, division 8. public members see section 15(2)(b). public place means a place that the public is entitled to use, is open to the public or is used by the public (whether or not on payment of money). Queensland health practitioner registration Acts means the following Acts— • Speech Pathologists Registration Act 2001 • this Act. recency of practice conditions see section 74(2). recency of practice requirements see section 68. register means the register kept under section 197. Current as at 27 March 2013

Dental Technicians Registration Act 2001 Schedule 4 registrant means a person registered under part 3. registrant members see section 15(2)(a). registration means registration under part 3. registration fee see section 42(1)(c)(iii). renewable registration means a general registration or special purpose registration, other than a short-term registration. repealed Act means the Dental Technicians and Dental Prosthetists Act 1991 . restoration fee see section 78(1)(b)(i). restricted title means a title that consists of, or includes, the words ‘dental technician’. review period , applying to conditions imposed by the board or QCAT on a general 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, division 7. 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 124AA. show cause notice see section 84(1). show cause period see section 84(2)(d). special activities see section 102. special purpose registrant means a person registered, under part 3, division 8, 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 8. user , of a registrant’s services, includes a person who used the services. Current as at 27 March 2013 Page 141

Dental Technicians Registration Act 2001 Schedule 4 visiting practitioner , for part 9, division 3, see section 210. warrant form see section 153(5)(b). Page 142 Current as at 27 March 2013

Endnotes Dental Technicians Registration Act 2001 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .143 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .144 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .144 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .145 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .147 7 Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .155 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 27 March 2013. Future amendments of the Dental Technicians Registration Act 2001 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Current as at 27 March 2013 Page 143

Dental Technicians Registration Act 2001 Endnotes 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 version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 Amendments to 2001 Act No. 78 Effective 1 May 2002 Reprint date 1 May 2002 Reprint No. 1A Amendments included 2003 Act No. 9 Effective 28 March 2003 Notes Page 144 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Endnotes Reprint No. 1B 1C 1D 2 2A 2B 2C 2D 2E 2F 2G 2H 3 3A 3B Amendments included 2003 Act No. 45 2003 Act No. 68 2005 Act No. 10 — 2006 Act No. 25 2006 Act No. 46 2006 Act No. 46 2009 Act No. 9 2009 Act No. 24 2009 Act No. 44 2010 Act No. 14 2010 Act No. 54 — 2011 Act No. 34 2012 Act No. 10 Effective 27 August 2003 1 July 2004 29 April 2005 29 April 2005 1 July 2006 15 December 2006 1 March 2007 1 July 2009 1 December 2009 1 January 2010 1 July 2010 1 January 2011 1 January 2011 28 May 2012 1 July 2012 Notes R1D withdrawn, see R2 R2H withdrawn, see R3 Current as at 27 March 2013 Amendments included 2013 Act No. 13 Notes 5 List of legislation Dental Technicians Registration Act 2001 No. 5 (prev Dental Technicians and Dental Prosthetists Registration Act 2001) date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 2002 (2002 SL No. 74) Notes—(1) This Act contains provisions that were relocated from the Dental Technicians and Dental Prosthetists Act 1991 (2001 No. 5 s 248 sch 3). (2) ss 3–4, 31A, 33–34 were relocated to the Dental Technicians and Dental Prosthetists Registration Act 2001 into pt 10, div 3 and renumbered as ss 240–244 (2001 No. 5 s 248 sch 3). 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) Current as at 27 March 2013 Page 145

Dental Technicians Registration Act 2001 Endnotes Health Legislation Amendment Act 2001 No. 78 s 1 pt 4 date of assent 15 November 2001 commenced on date of assent Health and Other Legislation Amendment Act 2003 No. 9 ss 1, 67 sch date of assent 28 March 2003 commenced on date of assent 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) Health Legislation Amendment Act 2003 No. 68 ss 1, 2(1)(a), pt 4 date of assent 22 October 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2004 (2004 SL No. 69) 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 schs 3–4 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, 4 date of assent 10 November 2006 ss 1–2 commenced on date of assent ss 51–53, 59, 61, 65 commenced 1 March 2007 (2006 SL No. 309) remaining provisions commenced 15 December 2006 (2006 SL No. 309) Financial Accountability Act 2009 No. 9 ss 1, 2(2), 136 sch 1 date of assent 28 May 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 80) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 7 pt 3 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 4 date of assent 3 November 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2010 (2009 SL No. 290) Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 No. 14 pts 1, 3, s 8 sch date of assent 21 April 2010 Page 146 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Endnotes ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2010 (see s 2) Fair Trading (Australian Consumer Law) Amendment Act 2010 No. 54 ss 1–2, 67 sch date of assent 1 December 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2011 (2010 SL No. 359) Business Names (Commonwealth Powers) Act 2011 No. 34 ss 1, 2(b), 31 sch 1 date of assent 28 October 2011 ss 1–2 commenced on date of assent remaining provisions commenced 28 May 2012 (2012 SL No. 58) Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 No. 10 pts 1, 5 date of assent 27 June 2012 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2012 (see s 2) Health Practitioner Registration and Other Legislation Amendment Act 2013 No. 13 ss 1–2, 54 date of assent 27 March 2013 ss 1–2 commenced on date of assent s 54 (to the extent it repeals s 69) commenced on date of assent (see s 2(2)) 6 List of annotations Long title amd 2010 No. 14 s 9 Short title s 1 amd 2010 No. 14 s 10 The legislative scheme s 4 amd 2010 No. 14 s 124 sch 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 1000 Mutual recognition legislation not affected s 6 amd 2003 No. 45 s 15 sch Objects of Act s 7 amd 2010 No. 14 s 11 PART 2—DENTAL TECHNICIANS BOARD OF QUEENSLAND pt hdg amd 2010 No. 14 s 124 sch Establishment of board s 9 amd 2010 No. 14 s 124 sch Current as at 27 March 2013 Page 147

Dental Technicians Registration Act 2001 Endnotes Functions of board s 11 amd 2010 No. 14 s 124 sch Delegation by board s 14 amd 2006 No. 46 s 50 Membership of board s 15 amd 2010 No. 14 s 124 sch Registrant members s 16 amd 2010 No. 14 s 124 sch Certain nominee board members s 18 amd 2010 No. 14 s 124 sch Matters to be included in annual report s 37 amd 2009 No. 9 s 136 sch 1; 2010 No. 14 s 124 sch Board is statutory body under the Financial Accountability Act 2009 prov hdg amd 2009 No. 9 s 136 sch 1 s 38 amd 2009 No. 9 s 136 sch 1 PART 3—REGISTRATION Who may apply for registration s 41 amd 2010 No. 14 s 124 sch Procedural requirements for applications s 42 amd 2001 No. 78 s 18; 2010 No. 14 s 124 sch Eligibility s 43 amd 2010 No. 14 s 124 sch When applicant is qualified for general registration s 44 amd 2010 No. 14 s 124 sch Fitness to practise the profession s 45 amd 2001 No. 78 s 19; 2010 No. 14 s 124 sch; 2010 No. 54 s 67 sch Board’s powers before deciding applications s 46 amd 2010 No. 14 s 124 sch Appointment of appropriately qualified person to conduct health assessment s 47 amd 2001 No. 78 s 20 Use of assessment report s 49 amd 2009 No. 24 s 1001 Decision s 51 amd 2010 No. 14 s 124 sch Steps to be taken after application decided s 52 amd 2010 No. 14 s 124 sch Forms of certificates of general registration s 55 amd 2010 No. 14 s 124 sch Page 148 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Endnotes Period s 56 amd 2006 No. 46 s 51; 2010 No. 14 s 124 sch Imposition of conditions by board s 57 amd 2010 No. 14 s 124 sch Meaning of authorised person for div 3 s 59 amd 2010 No. 14 s 124 sch Provisional general registration of a person s 60 amd 2010 No. 14 s 124 sch Form of certificate of provisional general registration s 63 amd 2010 No. 14 s 124 sch Period s 64 amd 2009 No. 44 s 20 Board decides to register provisional general registrant as a general registrant s 65 amd 2010 No. 14 s 124 sch Board decides to refuse to register provisional general registrant as a general registrant s 66 amd 2010 No. 14 s 124 sch Deemed refusal by board to register provisional general registrant as a general registrant s 67 amd 2010 No. 14 s 124 sch Non-application of div 4 to short-term registration s 67A ins 2006 No. 46 s 52 Meaning of recency of practice requirements s 68 amd 2010 No. 14 s 124 sch Notification of imminent expiry of registration s 69 om 2013 No. 13 s 54 Procedural requirements for applications s 70 amd 2001 No. 78 s 21 Decision s 73 amd 2010 No. 14 s 124 sch Recency of practice requirements are not satisfied s 74 amd 2010 No. 14 s 124 sch Non-application of div 5 to short-term registration s 75A ins 2006 No. 46 s 53 Restoration of general registration as dental prosthetist s 79 om 2010 No. 14 s 124 sch Period of restored registration s 80 amd 2010 No. 14 s 124 sch Current as at 27 March 2013 Page 149

Dental Technicians Registration Act 2001 Endnotes Grounds for cancellation s 83 sub 2009 No. 44 s 21 Show cause notice s 84 amd 2010 No. 14 s 124 sch 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 1002 Review of conditions s 89 amd 2010 No. 14 s 124 sch How registrant may start a review s 90 amd 2009 No. 24 s 1003 Board’s powers before making decision s 92 amd 2010 No. 14 s 124 sch Decision s 95 amd 2010 No. 14 s 124 sch When decision takes effect s 96 amd 2006 No. 46 s 54 Effect on dental prosthetics registration if conditions on dental technician registration are changed or removed s 97 amd 2006 No. 46 s 55 om 2010 No. 14 s 124 sch Failure by board to make decision on application s 98 amd 2006 No. 46 s 56; 2009 No. 44 s 22 Failure by board to make decision on review agreed to under s 91 s 99 amd 2006 No. 46 s 57; 2009 No. 44 s 23 Amending, replacing, or issuing new, certificate of general registration s 101 sub 2006 No. 46 s 58 amd 2009 No. 44 s 24 Application of divs 2 and 3 s 103 amd 2010 No. 14 s 124 sch Qualifications for special purpose registration s 105 amd 2010 No. 14 s 124 sch Suitability to be a special purpose registrant s 106 amd 2010 No. 14 s 124 sch Non-application of sdiv 2 to short-term registration s 109A ins 2006 No. 46 s 59 Application of div 6 s 114 amd 2010 No. 14 s 124 sch Page 150 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Endnotes Grounds for cancellation s 115 amd 2009 No. 44 s 25; 2010 No. 14 s 124 sch Removal s 116 amd 2006 No. 46 s 60 Person is taken to be registered under this part s 117 amd 2010 No. 14 s 124 sch Effect on dental prosthetics registration if registration as dental technician ceases to have effect s 119 om 2010 No. 14 s 124 sch Decision about recording certain conditions in register s 123 om 2010 No. 14 s 124 sch Notification of certain events to interstate regulatory authorities and other entities s 124 amd 2006 No. 25 s 241(1) sch 3; 2010 No. 14 s 12; 2012 No. 10 s 11 Short-term registration s 124AA ins 2006 No. 46 s 61 PART 4—OBLIGATIONS OF REGISTRANTS AND OTHER PERSONS Division 1A—Restricted practice for dental prosthetic services div 1A (ss 124A–124B) ins 2003 No. 68 s 33 om 2010 No. 14 s 124 sch Taking of restricted titles etc. s 125 amd 2006 No. 25 s 241(2) sch 4; 2010 No. 14 s 124 sch Claims by persons as to registration s 126 amd 2010 No. 14 s 124 sch Claims by persons as to other persons’ registration s 127 amd 2010 No. 14 s 124 sch Division 2—Notification of business names and other details div hdg om 2006 No. 46 s 62 Notification of business names etc. s 130 amd 2001 No. 45 s 29 sch 3 om 2006 No. 46 s 62 Notification of change in business names etc. s 131 om 2006 No. 46 s 62 Obligations of advertisers s 132 amd 2010 No. 14 s 124 sch Information to appear in advertisements s 133 amd 2006 No. 46 s 63; 2011 No. 34 s 31 sch 1 Persons may be prohibited from supplying health services etc. s 135 amd 2005 No. 10 s 50 sch; 2010 No. 14 s 124 sch Current as at 27 March 2013 Page 151

Dental Technicians Registration Act 2001 Endnotes Dealing with forfeited things etc. s 166 amd 2009 No. 24 s 1004 PART 6—REVIEWS BY QCAT pt hdg sub 2009 No. 24 s 1005 Who may apply for a review s 180 sub 2009 No. 24 s 1005 Particular matters relating to powers of QCAT s 181 sub 2009 No. 24 s 1005 Hearing procedures s 182 om 2009 No. 24 s 1005 Powers of court on appeal s 183 om 2009 No. 24 s 1005 Appointment of assessors s 184 om 2009 No. 24 s 1005 Register to be kept s 197 amd 2010 No. 14 s 124 sch Confidentiality of information s 200 amd 2001 No. 78 s 22 Board’s annual report must disclose authorisation s 201 amd 2009 No. 9 s 136 sch 1 PART 9—MISCELLANEOUS Division 1—Abandoned, and other, health records div hdg om 2010 No. 14 s 124 sch Definitions for div 1 s 202 om 2010 No. 14 s 124 sch Board may take possession of abandoned health records s 203 om 2010 No. 14 s 124 sch Health records forming part of deceased estate s 204 om 2010 No. 14 s 124 sch Health records of persons convicted of an offence against s 124A, 125(1) or (6) or 126 prov hdg amd 2005 No. 10 s 50 sch s 205 amd 2005 No. 10 s 50 sch om 2010 No. 14 s 124 sch Dealing with certain health records seized under s 158 or 159 s 206 om 2010 No. 14 s 124 sch How board may deal with health records s 207 om 2010 No. 14 s 124 sch Destruction of health records s 208 om 2010 No. 14 s 124 sch Page 152 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Endnotes Continuing professional education programs s 209 amd 2010 No. 14 s 124 sch Definitions for div 3 s 210 def visiting practitioner amd 2010 No. 14 s 124 sch Deemed general registration of visiting practitioners s 212 amd 2010 No. 14 s 124 sch False or misleading information or documents s 214 sub 2009 No. 44 s 26 PART 10—REPEAL AND TRANSITIONAL PROVISIONS pt hdg sub 2003 No. 68 s 34 Division 2—Transitional provisions for Act No. 5 of 2001 div hdg sub 2005 No. 10 s 50 sch Approval of business names under repealed Act s 236 om 2006 No. 46 s 64 Sections 130 and 133 ineffective for 6 months s 237 om 2006 No. 46 s 64 Division 3—Transitional provision for Health Legislation Amendment Act 2005 div hdg prev div 3 hdg om 2003 No. 68 s 35 pres div 3 hdg ins 2005 No. 10 s 50 sch Sections 135 and 205 not to apply to certain convictions for offences against s 124A s 240 prev s 240 (prev 1991 No. 57 s 3) amd 1997 No. 47 s 3; 2001 No. 5 s 248 sch 3 renum and reloc 2001 No. 5 s 248 sch 3 om 2003 No. 68 s 35 pres s 240 ins 2005 No. 10 s 50 sch Division 4—Transitional provisions for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 div hdg ins 2010 No. 14 s 13 Definitions for div 4 prov hdg amd 2001 No. 5 s 248 sch 3 s 241 prev s 241 (prev 1991 No. 57 s 4) amd 2001 No. 5 s 248 sch 3 renum and reloc 2001 No. 5 s 248 sch 3 om 2003 No. 68 s 35 pres s 241 ins 2010 No. 14 s 13 Membership of board s 242 prev s 242 (prev 1991 No. 57 s 31A) ins 1997 No. 47 s 5 amd 2001 No. 5 s 248 sch 3 renum and reloc 2001 No. 5 s 248 sch 3 om 2003 No. 68 s 35 pres s 242 ins 2010 No. 14 s 13 Current as at 27 March 2013 Page 153

Dental Technicians Registration Act 2001 Endnotes Change of name does not affect legal personality prov hdg amd 2001 No. 5 s 248 sch 3 s 243 prev s 243 (prev 1991 No. 57 s 33) amd 2001 No. 5 s 248 sch 3 renum and reloc 2001 No. 5 s 248 sch 3 amd 2003 No. 9 s 67 sch om 2003 No. 68 s 35 pres s 243 ins 2010 No. 14 s 13 References to Dental Technicians and Dental Prosthetists Board s 244 prev s 244 (prev 1991 No. 57 s 34) amd 1997 No. 47 s 6; 2001 No. 5 s 248 sch 3 renum and reloc 2001 No. 5 s 248 sch 3 om 2003 No. 68 s 35 pres s 244 ins 2010 No. 14 s 13 Continuation of section of regulation under repealed Act s 245 om 2003 No. 68 s 35 References to Dental Practitioners Registration Act 2001 s 246 om 2003 No. 68 s 35 PART 11—CONSEQUENTIAL AND OTHER AMENDMENTS pt 11 (ss 247–249) om R1 (see RA ss 7(1)(k) and 40) SCHEDULE 2—CONSEQUENTIAL AMENDMENTS OF ACTS om R1 (see RA s 40) SCHEDULE 3—AMENDMENT OF DENTAL TECHNICIANS AND DENTAL PROSTHETISTS ACT 1991 om R1 (see RA s 40) SCHEDULE 4—DICTIONARY def appellant om 2009 No. 24 s 1006(1) def artificial denture ins 2003 No. 68 s 36 def board amd 2010 No. 14 s 124 sch def commencement sub 2010 No. 14 s 124 sch def criminal history ins 2001 No. 78 s 23 def dental prosthetic service ins 2003 No. 68 s 36 om 2010 No. 14 s 124 sch def dental prosthetist om 2010 No. 14 s 124 sch def dental technician om 2010 No. 14 s 124 sch def dentist ins 2003 No. 68 s 36 def Health Insurance Commission om 2010 No. 14 s 124 sch def health practitioner registration Act sub 2010 No. 14 s 124 sch amd 2012 No. 10 s 12(1) def health records om 2010 No. 14 s 124 sch def healthy mouth ins 2003 No. 68 s 36 def information notice amd 2009 No. 24 s 1006(2) def Medicare Australia ins 2010 No. 14 s 124 sch def possess om 2010 No. 14 s 124 sch def pre-amended Act ins 2010 No. 14 s 124 sch Page 154 Current as at 27 March 2013

Dental Technicians Registration Act 2001 Endnotes def profession sub 2010 No. 14 s 124 sch def professional service sub 2010 No. 14 s 124 sch def Queensland health practitioner registration Acts ins 2010 No. 14 s 124 sch amd 2012 No. 10 s 12(2) def renewable registration amd 2006 No. 46 s 65(2) def restricted title sub 2010 No. 14 s 124 sch def review period amd 2009 No. 24 s 1006(3) def short-term registration ins 2006 No. 46 s 65(1) def show cause period amd 2010 No. 14 s 124 sch 7 Forms notified or published in the gazette Lists of forms are no longer included in reprints. Now see the separate forms document published on the website of the Office of the Queensland Parliamentary Counsel at <www.legislation.qld.gov.au> under Information—Current annotations. This document is updated weekly and the most recent changes are marked with a change bar. © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 27 March 2013 Page 155

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