School Dental Therapy Service Act 1965

School Dental Therapy Service Act 1965

An Act to make provision for a school dental therapy service and other functions to be performed by dental therapists

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

[Section 1 Amended by No. 66 of 1976, s. 3 ]This Act may be cited as the School Dental Therapy Service Act 1965 .

2.   Interpretation

[Section 2 Amended by No. 66 of 1976, s. 4 and s. 6 and Sched. 1 ]In this Act, unless the contrary intention appears –

committee means the Dental Health Services Advisory Committee established under section four ;

dental therapist means a member of the school dental therapy service who was appointed thereto as a dental therapist or who has been granted a dental therapy certificate;

dental therapy certificate means a certificate granted under section six ;

dental therapy school means a school of dental therapy established under section five ;

hostel means a hostel established under section five ;

school dental therapy service means the school dental therapy service established under section three ;

student dental therapist means a member of the school dental therapy service who is not a dental therapist,

and words importing the feminine gender include males.

3.   The school dental therapy service

[Section 3 Amended by No. 29 of 1984, s. 3 and Sched. 1 ]

(1)  [Section 3 Subsection (1) amended by No. 66 of 1976, s. 6 and Sched. 1 ]There shall be established in accordance with this Act a school dental therapy service to provide dental therapy services for persons who have not attained the age of sixteen years.

(2)  [Section 3 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 3 Subsection (2) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed as members of the school dental therapy service either as dental therapists or as student dental therapists.

(3)  [Section 3 Subsection (3) amended by No. 66 of 1976, s. 6 and Sched. 1 ]A person shall not be appointed to be a member of the school dental therapy service as a dental therapist unless she –

(a) has been granted a dental therapy certificate; or

(b) has such qualifications, obtained elsewhere than in this State, as the Minister may approve –

and a person shall not be so appointed as a student dental therapist unless the terms or conditions of her service require her to undergo a course of training for the purpose of obtaining a dental therapy certificate.

(4)  [Section 3 Subsection (4) inserted by No. 41 of 1984, s. 4 ]Where a person who was appointed as a temporary dental therapist or temporary student dental therapist under section 3A , as in force immediately before the day fixed under section 2 (2) of the Tasmanian State Service (Miscellaneous Amendments) Act 1984 , is, during the term of that appointment, appointed as a dental therapist or a student dental therapist under subsection (2) of this section, the latter appointment shall be deemed to have taken effect on and from the date on which the earlier appointment took effect.

3A.   

4.   Dental Health Services Advisory Committee

(1)  There shall be established in accordance with this section a Dental Health Services Advisory Committee.

(2)  [Section 4 Subsection (2) amended by No. 99 of 1982, s. 3 and Sched. 2 ]The committee shall consist of seven persons appointed by the Minister, three of whom shall be persons appointed on the recommendation of the Tasmanian Branch of the Australian Dental Association or, if there is no body of that name operating in the State, such other body as, in the opinion of the Minister, is representative of dentists practising in the State.

(3)  [Section 4 Subsection (3) amended by No. 66 of 1976, s. 6 and Sched. 1 ]The committee may make recommendations to the Minister on any matters connected with the school dental therapy service and shall report to him on such matters relating to that service as he may refer to it.

(4)  The chairman of the committee shall be such member thereof, not being a member appointed on such a recommendation as is referred to in subsection (2) of this section, as the Minister may appoint.

(5)  Subject to subsection (6) of this section, each member of the committee shall hold office for a term of three years.

(6)  Where a member of the committee dies or ceases to hold office otherwise than by the effluxion of time, the person appointed to fill the vacancy shall hold office only for the unexpired portion of the term of office of the member in whose place he was appointed.

(7)  A member of the committee appointed as chairman of the committee shall hold and vacate his office as chairman under the terms of the instrument under which he was appointed.

(8)  The chairman of the committee shall preside at all meetings of the committee at which he is present, and, if he is absent or there is no chairman of the committee, such one of the other members present at the meeting, as they may choose, shall preside at the meeting.

(9)  Three members of the committee, at least one of whom is, and at least one of whom is not, a member appointed on such a recommendation as is referred to in subsection (2) of this section, constitute a quorum at any meeting of the committee.

(10)  The chairman of the committee or other person presiding at a meeting of the committee may vote on any matter before the meeting.

(11)  The committee may act notwithstanding a vacancy in its membership so long as a quorum remains, and no act or proceeding of the committee is invalidated by any defect or irregularity in its constitution or in the appointment of any member thereof.

(12)  Subject to this section, the committee may regulate its own proceedings.

5.   Dental therapy schools and hostels

(1)  [Section 5 Subsection (1) amended by No. 66 of 1976, s. 6 and Sched. 1 ]The Governor may establish schools of dental therapy for the purpose of training members of the school dental therapy service and hostels for the accommodation of persons undergoing training at those schools.

(2)  [Section 5 Subsection (2) omitted by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

6.   Dental therapy certificates

[Section 6 Amended by No. 66 of 1976, s. 6 and Sched. 1 ]Where the Minister is satisfied that a student dental therapist has completed, at a dental therapy school, a course of training approved by the committee and has passed such examinations as have been specified by him, on the recommendation of the committee, he may grant her a certificate stating that she has qualified as a dental therapist.[Section 7 Subsection (8) substituted by No. 10 of 1982, s. 95 and Sched. 8 Pt. I ]

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8.   

9.   Practice of dentistry in the school dental therapy service

[Section 9 Subsection (2) amended by No. 43 of 1982, s. 66 and Sched. 3 ][Section 9 Subsection (3) amended by No. 43 of 1982, s. 66 and Sched. 3 ]

(1)  [Section 9 Subsection (1) substituted by No. 43 of 1982, s. 66 and Sched. 3 ]Subject to such restrictions and limitations as the Minister, on the recommendation of the committee, may specify, a member of the school dental therapy service is entitled to practise dentistry within the meaning of the Dental Act 1982 and, where she practises an act or operation in dentistry, neither she nor any other person is guilty of an offence under that Act by reason of that act or operation being practised.

(2)  [Section 9 Subsection (2) amended by No. 66 of 1976, s. 6 and Sched. 1 ]Subject to subsection (3) of this section, the taking by any person of a name or title that implies that that person is a member of the school dental therapy service or is a dental therapist or a student dental therapist shall, for the purposes of the Dental Act 1982 , be deemed to be the taking by that person of a name or title that implies that that person is qualified to practise dentistry.

(3)  [Section 9 Subsection (3) amended by No. 66 of 1976, s. 6 and Sched. 1 ]Nothing in the Dental Act 1982 prohibits a member of the school dental therapy service from using any name or title that indicates that she is a member of the school dental therapy service or, if it be a fact, that she is a dental therapist or a student dental therapist.

10.   Evidence of certain matters

(1)  [Section 10 Subsection (1) amended by No. 66 of 1976, s. 6 and Sched. 1 ]A written statement, purporting to be signed by the Minister or some person authorized by him in that behalf, stating that any person is or was, at any time, a member of the school dental therapy service, or a dental therapist, or a student dental therapist, or holds, or held at any time, office in any class or grade in that service, or any position therein, is sufficient evidence of the facts so stated.

(2)  Production of a document purporting to set out any orders, instructions, or rules made or issued by, or under the authority of, the Minister in pursuance of subsection (4) of section seven and endorsed with a certificate purporting to be signed by the Minister, or some person authorized by him in that behalf, specifying the date on which those orders, instructions, or rules were so made or issued is sufficient evidence that those orders, instructions, or rules were so made or issued on that date.

(3)  Where any endorsement made on such a document as is referred to in subsection (2) of this section states that any orders, instructions, or rules set out therein were at any time in force that endorsement is sufficient evidence of the fact so stated.

(4)  Production of a document purporting to set out any restrictions or limitations specified for the purposes of subsection (1) of section nine and endorsed with –

(a) a certificate purporting to be signed by the chairman of the committee stating the date on which the specification of those restrictions or limitations was recommended by the committee; and

(b) a certificate purporting to be signed by the Minister, or some person authorized by him in that behalf, stating the date on which those restrictions or limitations were so specified –

is sufficient evidence that those restrictions or limitations were specified in accordance with subsection (1) of section nine, and where the certificate referred to in paragraph (b) of this subsection states that the restrictions or limitations were in force at any time that certificate is sufficient evidence of the fact so stated.

11.   Dental therapist may practise dentistry on persons aged 16 or more

[Section 11 Inserted by No. 24 of 1999, s. 5, Applied:14 May 1999] Notwithstanding the Dental Act 1982 , a person who is a dental therapist and who has such other qualifications, training or experience as the Minister determines, may practise dentistry within the meaning of that Act on a person who has attained the age of 16 years, if the dental therapist –

(a) practises under the direct supervision of a registered dentist; and

(b) provides services as prescribed or directed by a registered dentist; and

(c) complies with any other restriction or procedure the Minister determines.

12.   Exemption from Dental Act 1982

[Section 12 Inserted by No. 24 of 1999, s. 5, Applied:14 May 1999] Notwithstanding the Dental Act 1982 , in order to obtain the qualifications, training or experience required under section 11 , a dental therapist may practise dentistry on a person in accordance with the conditions set out in that section.