AGY-73 | Dental Board of NSW [II]

Full description

An Act to Amend the Dentists Act, 1909 (Act No.27, 1909) dissolved the Dental Board of NSW, repealed all regulations and all money in the possession of the previous Board was passed into consolidated revenue. (1) The new Dental Board established by the Act consisted of two qualified medical practitioners, four dentists qualified under the Dentists Act, 1900, and two ex-officio members, viz - the head of the faculty of dentistry at the University of Sydney and the President (Chairman of the Board of Directors after 1978) of the United Dental Hospital of Sydney. The nominated members were appointed for a term of three years. (2) The names of those appointed to the Board were advised in the NSW Government Gazette of 12 January 1910, (3) the name of the first President was made known on 19 January 1910 (4) and the first regulations were published on 8 March 1910. (5) The staff (a Registrar and typist) were appointed on 23 March 1910. (6)

The Dentists Act, 1912 (Act No.26, 1912) consolidated the existing legislation relating to Dental registration and the role of the Board. A Royal Commission of Inquiry into the Administration of the Dental Board and the Conduct of its Registrar was conducted in July-September 1915. The Commission related to conflicts of interest of the registrar who was also manager of a dental supply company, acceptance of bribes to achieve registration as a dentist, discriminatory examination practices of the Board and endorsement of unqualified dental assistants. Evidence before the Royal Commissioner failed to substantiate the allegations although errors of judgement were identified. (7)

The Commission may have precipitated the two amendments to the Dentists Act the following year - the Dentists (Amendment) Act, 1916 (Act No.15, 1916), the Dentists (Further Amendment) Act, 1916 (Act No.54, 1916). These Acts and the Dentists (Amendment Act), 1927 (Act No.8, 1927) broadened the definition of 'dentist' and altered the examination methods and the qualifications and experience of those eligible to seek registration.

All existing legislation was consolidated into a new Act in 1934. The Dentists Act, 1934 (Act No.10, 1934) consolidated all existing legislation pertaining to dentistry and provided for the appointment of inspectors to investigate contraventions of the Act or its regulations, and allegations of professional misconduct. (8)

The Dentists (Amendment) Act, 1964 (Act No.21, 1964) increased the membership of the Board from eight to nine including 'the Under Secretary, Department of Public Health, or a person from time to time nominated by him'. (9) Changes relating to the maintenance of the register and qualifications required for registration as a dentist were made by the Act. In addition a Dentists' Charges Committee with five members was established. (10)

The Act was further amended in 1972 to define the role of Inspectors (11) and authorised the issue of provisional certificates in certain cases. (12) In 1975 a separate Dental Technicians Registration Board was established. (13)

The Dentists Act 1989 (Act No.139, 1989) repealed the 1934 Act and constituted the Dental Board of nine members. The Board was to include five dentists registered under the Act and four persons appointed by the Governor to include (i) a nominee of the Faculty of Dentistry at the University of Sydney; (ii) a barrister or solicitor nominated by the Minister; (iii) an officer of the Department of Health; and (iv) a person nominated by the Minister to represent consumers. (14) The new Board was entitled to establish committees to assist with carrying out its responsibilities, the membership of which was not restricted to Board members. (15)

Committees included the Complaints Committee, Finance Committee and the Education and Qualification Committee. (16) The Act also established a Dental Care Assessment Committee consisting of four members. These were to include (i) a dentist appointed with the concurrence of the Dental Board and the Australian Dental Association, NSW Branch, (ii) two dentists selected from a list of names provided to the Minister by the Australian Dental Association, NSW Branch, and (iii) a consumers' representative. (17). The new act clearly enunciated procedures for discipline of members including the appeal process. (18) The Dental Charges Committee ceased to have specific legislative authority under the new Act and subsequently lapsed. (19)

The Dental Practice Act 2001 (Act No.64, 2001) came to effect in 2004 was enacted to replace the existing Dentists Act 1989. (20) The Board was to include twelve members appointed by the Governor to include five registered dentists and another seven to include (i) person nominated by the Minister, being an officer of the Department of Health or an employee of a public health organisation, (ii) registered dentist nominated by the Minister, being a registered dentist involved in the tertiary education of persons for qualification in New South Wales as dentists, (iii) registered dentist nominated by the Minister of the Minister's own choosing, (iv) registered dental auxiliary nominated by the Minister of the Minister's own choosing, (v) two persons (not being registered dental care providers) nominated by the Minister to represent the community, (vi) Australian lawyer nominated by the Minister. (21) The Board was entitled to establish committees to assist with carrying out its responsibilities, the membership of which was not restricted to Board members. (22) The Act also established a Dental Care Assessment Committee consisting of five members appointed by the Minister. The members included (i) two registered dentists nominated by the Board (ii) two registered dentists appointed from a panel of names furnished to the Minister by the Board, and (iii) one person appointed by the Minister to be a representative of consumers. A person could not be a member of the Committee while the person was a member of the Board. (23)

The Dental Practice Act 2001 (Act No.64, 2001) was repealed by the Health Practitioner Regulation Amendment Act 2010 (Act No.34, 2010) with effect from 1 July.

The Australian Health Practitioner Regulation Agency (AHPRA) became the organisation responsible for the registration and accreditation of 10 health professions across Australia.

Endnotes
(1) An Act to amend the Dentists' Act, 1909, s.6.
(2) An Act to amend the Dentists' Act, 1909, s.3.
(3) NSW Government Gazette, 12 January 1910, p.139.
(4) NSW Government Gazette, 19 January 1910 p.245.
(5) NSW Government Gazette, 8 March 1910, p.1371.
(6) NSW Public Service Lists, 1910, p.20.
(7) State Records Agency No.2564.
(8) Dentists Act, 1934, s.5.
(9) Dentists (Amendment) Act, 1964, s.(2) (a) (ii).
(10) Ibid., s.12A.
(11) Dentists (Amendment) Act, 1972, s.2(c).
(12) Ibid., s.2 (j).
(13) Dental Technicians Registration Act, 1975 (Act No.40, 1975) s.6.
(14) Dentists Act, 1989 s.8.
(15) Ibid., s.9.
(16) Minutes of the NSW Dental Board 1988-2003, State Records NSW Reference NRS3713
(17) Dentists Act, 1989  Part 5.
(18) Ibid. Parts 6, 7.
(19) Dentists Act, 1989 s.31.
(20) Dentists Act, 1989, Status Information.
(21) Dental Practice Act 2001, s.108 (2).
(22) Dental Practice Act 2001, s.101.
(23) Dental Practice Act 2001 Part 9.
(24) Health Practitioner Regulation Amendment Act, 2010 s.3, NSW Legislation website, 1 July 2010.
(25) Australian Health Practitioner Regulation Agency Website, http://www.ahpra.gov.au/en/About-AHPRA/Who-We-Are.aspx (cited 22 July 2010).