Version No. 020
Dental Technicians Act 1972
Act No. 8366/1972
Version incorporating amendments as at 14 July 1997
TABLE OF PROVISIONS
Section
1.
Short title and commencement
2.
Definitions
Page
1
1
PART 1—DENTAL TECHNICIANS
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Dental Technicians Licensing Committee
Appointment of secretary and other officers
Committee responsible for supervising dental technicians
Dental Technicians Roll
Alterations to roll
Licences
Refusal to grant, cancellation and suspension of licences
Appeal
Licence fees
Title of dental technician
Dental technicians shall not carry out advanced dental technician
work except in accordance with section 14
Work which may be carried out by dental technicians
Regulations
PART 2—ADVANCED DENTAL TECHNICIANS
16.
17.
18.
Advanced Dental Technicians Qualifications Board
Appointment of secretary and other officers
Board to supervise and control work of advanced dental
technicians
19. Advanced Dental Technicians Register
20. Alterations to roll
21. Licences
22. Granting of licences in special circumstances
23. Person not to be licensed under both Part I and Part II
24. Cancellation and suspension of licences
25. Suspension of licence in certain circumstances
26. Licence fees
26A. Endorsement of licence in relation to partial dentures
i
3
3
5
6
6
7
7
8
10
10
11
11
11
12
13
13
15
16
16
17
17
18
19
19
21
22
23
Section
27.
28.
29.
30.
31.
32.
Page
Title of advanced dental technician
Advanced dental technician may fit and supply dentures and take
impressions
Advanced dental technician to supply itemized account on
request
Restriction on description to be used on signs etc.
Advanced dental technician to practise in own name only
Regulations
PART 3—GENERAL
24
24
26
26
26
26
28
33.
Unqualified person not to purport to be or act as dental
technician or to be in charge of a dental laboratory
34. Penalty provisions
34A–36. Repealed
═══════════════
28
28
31
NOTES
32
1. General Information
32
2. Table of Amendments
33
3. Explanatory Details
36
ii
Version No. 020
Dental Technicians Act 1972
Act No. 8366/1972
Version incorporating amendments as at 14 July 1997
An Act to make Provision with respect to the Training
Qualifications and Registration of Dental Technicians and for
other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
1. Short title and commencement
(1) This Act may be cited as the Dental Technicians
Act 1972.
(2) The several provisions of this Act shall come into
operation on a day or respective days to be fixed
by proclamation or successive proclamations of
the Governor in Council published in the
Government Gazette.
*
*
*
*
*
2. Definitions
In this Act unless inconsistent with the context or
subject-matter—
"advanced dental technician" means a person
licensed as an advanced dental technician
under Part II of this Act;
PW-18/9/97
1
S. 1(3)
repealed by
No. 15/1995
s. 10(1).
Dental Technicians Act 1972
Act No. 8366/1972
s. 2
"Board" means the Advanced Dental
Technicians Qualifications Board;
"Committee" means the Dental Technicians
Licensing Committee;
"dental technician" means a person licensed as a
dental technician under Part I of this Act;
"dental work" includes the performance of any
operation upon the natural teeth and their
associate parts of a person, the construction
or adjustment of artificial teeth for a person,
the giving of any dental treatment attendance
or advice to any person or the examination of
the natural or artificial teeth of a person for
any purpose;
"prescribed" means prescribed by this Act or the
regulations;
"register" means the Advanced Dental
Technicians Register;
"Roll" means the Dental Technicians Roll.
_______________
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Dental Technicians Act 1972
Act No. 8366/1972
s. 3
PART I—DENTAL TECHNICIANS
3. Dental Technicians Licensing Committee
(1) There shall be a committee to be called the Dental
Technicians Licensing Committee consisting of
eight members appointed by the Governor in
Council of whom—
(a) one shall be a person who is not eligible for
registration as a dentist under the Dentists
Act 1972 or to be licensed as a dental
technician or advanced dental technician
under this Act who shall be chairman;
(b) one shall be a member of the Dental Board
of Victoria selected by the Minister from a
panel of three names submitted by the Dental
Board of Victoria;
(c) one shall be a person selected by the
Minister from a panel of three names
submitted by the council of the Victorian
branch of the Australian Dental Association;
(d) one shall be a person licensed as a dental
technician or as an advanced dental
technician selected by the Minister from a
panel of three names submitted by the
executive body of the Victorian branch of
the Australian Dental Technicians
Association;
(e) one shall be a person selected by the
Minister from a panel of three names
submitted by the executive body of the
Miscellaneous Workers Union of Victoria;
(f) one shall be a person selected by the
Minister from a panel of three names
submitted by the executive body of the
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S. 3(1)(d)
amended by
No. 9000
s. 2(a).
Dental Technicians Act 1972
Act No. 8366/1972
s. 3
Prosthetics Laboratories Association of
Victoria;
S. 3(1)(g)
substituted by
No. 9678
s. 19(2),
amended by
No. 45/1990
s. 111(a).
(g) one shall be nominated by the Minister for
the time being administering the Vocational
Education and Training Act 1990;
(h) one shall be nominated by the Minister and
shall be a person who conducts classes of
instruction for apprentices in dental
mechanics.
S. 3(2)
amended by
No. 9000
s. 2(b).
(2) The persons first nominated and selected under
paragraphs (e) and (f) shall be persons eligible to
be licensed as dental technicians and thereafter
shall be persons licensed as dental technicians.
(3) A person shall be appointed a member of the
Committee for a period not exceeding four years
and shall upon the expiration of his term of office
be eligible for re-appointment.
(4) The Governor in Council may at any time remove
a member of the Committee from office.
(5) If at any time a body or person fails or neglects to
submit a panel or nominate a person for the
purposes of sub-section (1) after being requested
in writing by the Minister to do so and within a
period (not being less than 14 days) specified by
the Minister the Governor in Council may without
the submission or nomination appoint any
otherwise eligible person to be a member of the
Committee.
(6) During any vacancy in the Committee the
continuing members subject to there being a
quorum may act as if no vacancy existed.
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Dental Technicians Act 1972
Act No. 8366/1972
s. 4
(7) Four members of the Committee shall constitute a
quorum at a meeting.
(8) At a meeting of the Committee the chairman shall
preside and shall have a second or casting vote.
(9) If the chairman is absent from a meeting of the
Committee—
(a) the members present at the meeting may
elect one of their number to preside at the
meeting; and
S. 3(9)
substituted by
No. 15/1995
s. 3.
(b) the member so elected shall preside at the
meeting and shall have a second or casting
vote.
(10) Each member of the Committee is entitled to
receive such fees and allowances as are fixed from
time to time by the Governor in Council.
4. Appointment of secretary and other officers
(1) The Committee may appoint a secretary of the
Committee and any other officers required for the
purposes of this Part and may at any time remove
any person so appointed.
(2) Unless required by a party to legal proceedings in
a court and ordered by the court there shall not in
any legal proceedings in a court be any necessity
to prove the authenticity of a signature which
purports to be a signature of a person who is or
has been secretary of the Committee if the
signature is attached to a certificate or document
under this Part.
(3) The provisions of sections 14, 15, 16, 20 and 20A
of the Evidence Act 1958 and any rules or orders
made under sub-section (4) of the said section 20
shall apply to and in relation to any investigation
or inquiry which the Committee is authorized to
conduct under this Act as if the Committee were a
board appointed by the Governor in Council.
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5
S. 3(10)
inserted by
No. 10/1991
s. 11(a).
Dental Technicians Act 1972
Act No. 8366/1972
s. 5
(4) For the purposes of any such investigation or
inquiry the Committee may take a statutory
declaration from a witness or other person.
5. Committee responsible for supervising dental
technicians
The Committee shall be responsible for
supervising the conduct of dental technicians and
the practice of dental mechanics by dental
technicians.
6. Dental Technicians Roll
(1) The Committee shall cause to be kept a roll of
licensed dental technicians (to be called the
Dental Technicians Roll) which shall contain the
full name of every licensed dental technician his
residential address and the address or addresses of
the place or places at which he carries on his
occupation as a dental technician and any other
particulars prescribed.
(2) A person who is licensed under this Part and who
obtains a qualification other than that by virtue
whereof he is licensed may apply to the
Committee to amend the roll and the Committee
may if it is satisfied that the applicant has
obtained the qualification and that it is of
sufficient standing and relevance to warrant it
being included on the roll and that the prescribed
fee has been paid amend the roll.
S. 6(3)
substituted by
No. 10/1991
s. 12(1)(a).
(3) The roll may be inspected at the office of the
Committee by any person during office hours
without charge.
S. 6(4)
substituted by
No. 10/1991
s. 12(1)(a).
(4) A person may obtain a copy of, or extract from,
the register on payment of the prescribed fee.
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Dental Technicians Act 1972
Act No. 8366/1972
*
*
*
s. 7
*
*
(6) A copy of the roll shall be prima facie evidence
that the persons specified therein as being licensed
are licensed under this Part and the absence of the
name of a person from a copy of the roll shall be
prima facie evidence that the person has not been
licensed under this Part.
7. Alterations to roll
(1) The secretary shall from time to time upon being
directed by the Committee to do so insert in the
roll any alteration which comes to the knowledge
of the Committee in the name address or
qualifications of any person registered therein.
(2) Before commencing to carry on his occupation at
a new address (either in substitution for or in
addition to his address or addresses entered in the
roll) a dental technician shall notify the
Committee of that address.
(3) The Government Statist upon registering the death
of a dental technician shall forthwith transmit
notice of the death by post to the Secretary of the
Committee and the Committee shall upon receipt
of the notice cause the entry relating to the dental
technician to be removed from the roll.
8. Licences
(1) Subject to this Act a person who within twelve
months after the commencement of this Act proves
to the satisfaction of the Committee by such
evidence as the Committee may require that—
(a) prior to the commencement of this Act he
had been employed in Victoria as a dental
technician or dental mechanic either as a
principal or an employee (other than an
apprentice) for a period sufficient in the
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7
S. 6(5)
repealed by
No. 10/1991
s. 12(1)(a).
S.
6(6)
amended by
No. 10/1991
s. 12(1)(b)
(i)(ii).
Dental Technicians Act 1972
Act No. 8366/1972
s. 9
opinion of the Committee to qualify him to
be licensed; or
(b) at the commencement of this Act he was
bona fide employed as a dental technician or
dental mechanic either as a principal or
employee other than an apprentice—
shall be entitled to be licensed as a dental
technician under this Part.
(2) Subject to this Act a person who applies for a
licence as a dental technician shall be entitled to
be licensed if the Committee is satisfied that such
person—
(a) has completed an apprenticeship in Victoria
as a dental technician or dental mechanic; or
(b) has outside Victoria been trained or engaged
in the practice of dental mechanics and has
undertaken such further training (if any) and
passed such examinations (if any) as the
Committee may require.
9. Refusal to grant, cancellation and suspension of
licences
(1) The Committee may refuse to grant a licence to or
may cancel or suspend the licence of a person—
(a) who in Victoria is convicted of an indictable
offence or who outside Victoria is convicted
of an offence which if committed in Victoria
would be an indictable offence; or
(b) who contravenes this Act or the regulations;
or
S. 9(1)(c)
amended by
No. 15/1995
s. 4(a).
(c) whose licence has been obtained by fraud or
misrepresentation; or
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Dental Technicians Act 1972
Act No. 8366/1972
(d) who is incompetent in his or her practice as a
dental technician; or
(e) who is guilty of improper or discreditable
conduct in relation to his or her practice as a
dental technician.
s. 9
S. 9(1)(d)
inserted by
No. 15/1995
s. 4(a).
S. 9(1)(e)
inserted by
No. 15/1995
s. 4(a).
(2) During the period specified in an order of
suspension or (as the case may be) upon the
making of an order of cancellation the person in
respect of whom the order was made shall cease to
be licensed and shall be disqualified from being
licensed under this Part.
(3) The cancellation or suspension of the licence may
at any time and for such reasons as the Committee
thinks fit be annulled by the Committee and
thereupon the disqualification shall cease.
(4) Before refusing to grant a licence or cancelling or
suspending a licence the Committee shall—
(a) send by registered letter through the post
addressed to the person concerned at his
residential address notice in writing of the
intention of the Committee to hold an
inquiry and of the place and time of the
inquiry and of the grounds for the inquiry;
(b) afford the person concerned reasonable
opportunity of giving an explanation
personally or in writing; and
(c) hold a full inquiry into the matter.
(5) Where the Committee orders the cancellation or
suspension of the licence or refuses to grant a
licence to a person it shall notify the person of the
order or refusal by registered letter through the
post addressed to the person at his residential
address or his last known address.
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9
S. 9(4)(a)
amended by
No. 15/1995
s. 4(b).
Dental Technicians Act 1972
Act No. 8366/1972
s. 10
10. Appeal
S. 10(1)
amended by
No. 19/1989
s. 16(Sch.
item 18.1).
(1) A person who feels aggrieved by an order of the
Committee cancelling or suspending his licence or
refusing to grant him a licence may appeal to the
County Court within three months after the
notification of the order or decision.
S. 10(2)
substituted by
No. 19/1989
s. 16(Sch.
item 18.2).
(2) An appeal under sub-section (1) is by way of a rehearing and the decision of the County Court is
final and without appeal.
11. Licence fees
S. 11(1)
amended by
No. 10221 s. 4.
(1) There shall be paid to the Committee in respect of
a licence under this Part the fee prescribed.
S. 11(2)
amended by
No. 10221 s. 4.
(2) There shall be paid to the Committee during the
month of July in each year by every person
licensed under this Part the fee prescribed.
(3) If in any year a person makes default in paying the
fee for renewal of his licence the Committee shall
cause his name to be erased from the roll.
(4) It shall be the duty of the secretary on or before
the 17th day of June in each year to send by post
to the address in the roll of each dental technician
a notice stating that the fee is payable on or before
the 31st day of July next following the date of the
notice but the omission to send or the non-receipt
of a notice shall not affect any liability to have a
name erased from or give any right to have a
name restored to the roll.
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10
Dental Technicians Act 1972
Act No. 8366/1972
(5) The Committee may cause the name of any person
whose name has been erased from the roll under
sub-section (3) to be restored to the roll—
(a) on the payment of the licence fee for nonpayment of which the name was erased; and
(b) on the payment of the fee prescribed for the
restoration of his name to the roll which shall
not be more than one-half of the licence fee.
(6) Fees under this section shall be applied by the
Committee in carrying out the purposes of this
Act.
12. Title of dental technician
A person licensed as a dental technician may use
the title of dental technician but shall not use any
other name title initials words or description
intended to indicate that he has qualifications to
practise dental prosthetics or any other type of
dental work.
13. Dental technicians shall not carry out advanced
dental technician work except in accordance with
section 14
A dental technician shall not attend to any person
requiring dental attention dentures or appliances
and shall not perform any dental work whether
under the supervision of a dentist or otherwise
except as provided in section 14.
14. Work which may be carried out by dental technicians
A dental technician may—
(a) in accordance with the written prescription
of a dentist or under the supervision of a
dentist make or repair any denture bridge or
appliance for use upon or in connexion with
the teeth jaw or associated structure or tissue
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s. 12
Dental Technicians Act 1972
Act No. 8366/1972
s. 15
or in the treatment of any condition thereof;
and
(b) in accordance with the written prescription
of an advanced dental technician or under
the supervision of an advanced dental
technician make and repair dentures of a
type that an advanced dental technician is
permitted to make and repair without a
prescription from or supervision by a dentist.
15. Regulations
The Governor in Council may on the
recommendation of the Committee make
regulations for or with respect to—
(a) the conduct of proceedings of the
Committee;
S. 15(b)
repealed by
No. 10/1991
s. 11(b).
*
*
*
*
*
(c) the annual renewal of licences under this
Part;
S. 15(d)
amended by
No. 10221
s. 6(a).
(d) penalties for contravention of or failure to
comply with the regulations and not
exceeding 20 penalty units;
(e) the discipline and control of dental
technicians and the manner of their carrying
on their occupation;
(f) the prohibition of advertising and the
regulation of use of signs by dental
technicians; and
(g) generally any matter or thing which is
required or authorized to be prescribed by
this Part.
_______________
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Dental Technicians Act 1972
Act No. 8366/1972
s. 16
PART II—ADVANCED DENTAL TECHNICIANS
16. Advanced Dental Technicians Qualifications Board
(1) There shall be a board to be called the Advanced
Dental Technicians Qualifications Board
consisting of seven members appointed by the
Governor in Council of whom—
S. 16(1)
amended by
No. 8808
s. 2(1)(a).
(a) one shall be a person who is not eligible for
registration as a dentist under the Dentists
Act 1972 or to be licensed as a dental
technician or advanced dental technician
under this Act who shall be chairman;
(b) one shall be a member of the Department of
Dental Prosthetics in the Faculty of Dental
Science at the University of Melbourne
selected by the Minister from a panel of
three names submitted by the council of the
University;
(c) one shall be a member of the Department of
Dental Mechanics at the Royal Melbourne
Institute of Technology selected by the
Minister from a panel of three names
submitted by the council of the Institute;
(d) one shall be a member of the Dental Board
of Victoria selected by the Minister from a
panel of three names submitted by the
Board;
(e) one shall be a person selected by the
Minister from a panel of three names
submitted by the council of the Victorian
branch of the Australian Dental Association;
(f) one shall be a person selected by the
Minister from a panel of three names
submitted by the executive body of the
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13
S. 16(1)(e)
amended by
No. 8808
s. 2(1)(b).
Dental Technicians Act 1972
Act No. 8366/1972
s. 16
Victorian branch of the Australian Dental
Technicians Association;
S. 16(1)(g)
inserted by
No. 8808
s. 2(1)(c).
(g) one shall be an Advanced Dental Technician
nominated by the Minister.
(2) A person shall be appointed to be a member of the
Board for a period not exceeding four years and
shall upon the expiration of his term of office be
eligible for re-appointment.
(3) The Governor in Council may at any time remove
a member of the Board from office.
(4) If at any time any body neglects to submit a panel
of names for the purposes of sub-section (1) after
being requested in writing to do so by the Minister
and within a period (not being less than fourteen
days) specified by the Minister the Governor in
Council may without such submission appoint any
otherwise eligible person to be a member of the
Board.
(5) During any vacancy in the Board the continuing
members subject to there being a quorum may act
as if no vacancy existed.
(6) Four members of the Board shall constitute a
quorum at a meeting.
(7) At a meeting of the Board the chairman shall
preside and shall have a second or casting vote.
S. 16(8)
substituted by
No. 15/1995
s. 5.
(8) If the chairman is absent from a meeting of the
Board—
(a) the members present at the meeting may
elect one of their number to preside at the
meeting; and
(b) the member so elected shall preside at the
meeting and shall have a second or casting
vote.
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14
Dental Technicians Act 1972
Act No. 8366/1972
(9) Each member of the Board is entitled to receive
such fees and allowances as are fixed from time to
time by the Governor in Council.
s. 17
S. 16(9)
inserted by
No. 10/1991
s. 11(c).
17. Appointment of secretary and other officers
(1) The Board may appoint a secretary and any other
officers required for the purposes of this Part and
may at any time remove any person so appointed.
(2) Unless required by a party to legal proceedings in
a court and ordered by the court there shall not in
any legal proceedings in a court be any necessity
to prove the authenticity of a signature which
purports to be the signature of a person who is or
has been secretary of the Board if his signature is
attached to a certificate or document under this
Part.
(3) The provisions of sections 14, 15, 16, 20 and 20A
of the Evidence Act 1958 and any rules or orders
made under sub-section (4) of the said section 20
shall apply to and in relation to an investigation or
inquiry which the Board is authorized to conduct
under this Act as if the Board were a board
appointed by the Governor in Council.
(4) For the purpose of an investigation or inquiry the
Board may take a statutory declaration from a
witness or other person.
(5) The provisions of section 21A of the Evidence
Act 1958 shall apply to an investigation or inquiry
under this Act by the Board as if the investigation
or inquiry were an inquiry by a board appointed
by the Governor in Council to make an inquiry
and members of the Board under this Act were
members of such a board of inquiry.
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15
S. 17(5)
inserted by
No. 9784 s. 2
(Sch.).
Dental Technicians Act 1972
Act No. 8366/1972
s. 18
18. Board to supervise and control work of advanced
dental technicians
The Board shall be responsible for supervising the
conduct and the practice of dental mechanics by
advanced dental technicians.
19. Advanced Dental Technicians Register
(1) The Board shall cause to be kept a register of
licensed advanced dental technicians (to be called
the Advanced Dental Technicians Register) which
shall contain the full name of every licensed
advanced dental technician and his residential
address and the address or addresses of the place
or places at which he carries on his occupation as
advanced dental technician and any other
particulars which may be prescribed.
(2) A person who is licensed and who obtains a
qualification other than that by virtue whereof he
is licensed may apply to the Board to amend the
register and the Board may if it is satisfied that the
applicant has obtained the qualification and that it
is of sufficient standing and relevance to warrant
it being included in the register and that the
prescribed fee has been paid amend the register.
S. 19(3)
substituted by
No. 10/1991
s. 12(2)(a).
(3) The register may be inspected at the office of the
Board by any person during office hours without
charge.
S. 19(4)
substituted by
No. 10/1991
s. 12(2)(a).
(4) A person may obtain a copy of, or an extract from,
the register on payment of the prescribed fee.
S. 19(5)
repealed by
No. 10/1991
s. 12(2)(a).
*
PW-18/9/97
*
*
16
*
*
Dental Technicians Act 1972
Act No. 8366/1972
s. 20
(6) A copy of the register shall be prima facie
evidence that the persons specified therein as
licensed are licensed under this Part and the
absence of the name of a person from such copy
shall be prima facie evidence that the person is not
licensed under this Part.
S. 19(6)
amended by
No. 10/1991
s. 12(2)(b)
(i)(ii).
20. Alterations to roll
(1) The secretary of the Board shall from time to time
upon being directed by the Board to do so insert in
the register any alteration which comes to the
knowledge of the Board in the name address or
qualifications of a person registered therein.
(2) Before commencing to carry on his occupation at
a new address (either in substitution for or in
addition to his address or addresses entered in the
register) an advanced dental technician shall
notify the Board of that address.
(3) The Government Statist upon registering the death
of an advanced dental technician shall forthwith
transmit notice of the death by post to the
secretary of the Board and the Board shall upon
receipt of the notice cause the name of the
advanced dental technician to be removed from
the register.
21. Licences
A person who applies for a licence under this Part
shall be entitled to be licensed if the Board is
satisfied that the applicant—
*
*
*
*
(b) is or is entitled to be licensed as a dental
technician under Part I; and
(c) has completed an approved course of
training for advanced dental technicians.
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17
*
S. 21(a)
repealed by
No. 10221 s. 5.
Dental Technicians Act 1972
Act No. 8366/1972
s. 22
22. Granting of licences in special circumstances
(1) A person who—
(a) practised as a dental technician or dental
mechanic for a period of not less than ten
years and who is licensed or is eligible to be
licensed as a dental technician under Part I
may at any time prior to the 31st December,
1975; or
(b) has practised as a dental technician or dental
mechanic outside Victoria for a period of not
less than ten years and is or is eligible to be
licensed as a dental technician under Part I
may—
apply to the Board for a licence under this Part.
S. 22(1A)
inserted by
No. 8808
s. 3(a).
(1A) Where—
(a) a person who has practised as a dental
technician or a dental mechanic has also
been an apprentice within the meaning of
section 3 of the Industrial Training Act
1975 in either of those trades; and
(b) the total period of such practice and such
apprenticeship is not less than ten years—
then, notwithstanding the closing date for
applications mentioned in paragraph (a) of subsection (1), he may at any time prior to the 31st
day of March, 1976 apply to the Board for a
licence under this Part.
S. 22(2)
substituted by
No. 8808
s. 3(b).
(2) The Board shall require an applicant under subsection (1) or (1A) to take such examinations
(which may be written, oral or practical
examinations or any combination thereof) as the
Board thinks fit.
S. 22(3)
amended by
No. 8808
s. 3(c).
(3) Where the Board is satisfied that an applicant
under sub-section (1) or (1A) has the necessary
PW-18/9/97
18
Dental Technicians Act 1972
Act No. 8366/1972
s. 23
knowledge experience and capacity to carry out
the additional work referred to in sub-section (1)
of section 28 it may grant a licence under this Part
to the applicant.
23. Person not to be licensed under both Part I and
Part II
A person shall not be licensed under both this Part
and Part I and where any person licensed under
Part I is granted a licence under this Part notice
thereof shall be sent by the Board to the Dental
Technicians Licensing Committee which shall
thereupon cancel his licence under Part I.
24. Cancellation and suspension of licences
(1) The Board may refuse to grant a licence or may
cancel or suspend the licence of a person—
(a) who in Victoria is convicted of an indictable
offence or who outside Victoria is convicted
of an offence which if committed in Victoria
would be an indictable offence;
(b) who contravenes this Act or the regulations;
or
(c) whose licence has been obtained by fraud or
misrepresentation; or
S. 24(1)(c)
amended by
No. 15/1995
s. 6(a).
(d) who is incompetent in his or her practice as
an advanced dental technician; or
S. 24(1)(d)
inserted by
No. 15/1995
s. 6(a).
(e) who is guilty of improper or discreditable
conduct in relation to his or her practice as
an advanced dental technician.
S. 24(1)(e)
inserted by
No. 15/1995
s. 6(a).
(2) During the period specified in an order of
suspension or (as the case may be) upon the
making of an order of cancellation the person in
PW-18/9/97
19
Dental Technicians Act 1972
Act No. 8366/1972
s. 24
respect of whom the order was made shall cease to
be licensed under this Part and shall be
disqualified from being licensed under this Part.
(3) The cancellation or suspension of a licence may at
any time and for such reasons as the Board thinks
fit be annulled by the Board and thereupon the
disqualification shall cease.
(4) Before refusing to grant a licence or cancelling or
suspending a licence the Board shall—
S. 24(4)(a)
amended by
No. 15/1995
s. 6(b).
(a) send by registered letter through the post to
the person concerned at his residential
address notice in writing of the intention of
the Board to hold an inquiry and of the place
and time of the inquiry and the grounds for
the inquiry;
(b) afford the person concerned reasonable
opportunity to give an explanation either
personally or in writing; and
(c) hold a full inquiry into the matter.
(5) Where the Board orders the cancellation or
suspension of a licence or refuses to grant a
licence to a person it shall notify the person of the
order or refusal by registered letter through the
post addressed to him at his residential address or
his last known address.
S. 24(6)
amended by
No. 19/1989
s. 16(Sch.
item 18.3).
(6) A person who feels aggrieved by an order of the
Board cancelling or suspending his licence or by a
decision of the Board refusing to grant him a
licence may appeal therefrom to the County Court
within three months after the notification of the
order or decision.
S. 24(7)
substituted by
No. 19/1989
s. 16(Sch.
item 18.4).
(7) An appeal under sub-section (6) is by way of a rehearing and the decision of the County Court is
final and without appeal.
PW-18/9/97
20
Dental Technicians Act 1972
Act No. 8366/1972
s. 25
25. Suspension of licence in certain circumstances
(1) Where an advanced dental technician—
(a) is a patient within the meaning of the Mental
Health Act 1986;
S. 25(1)(a)
amended by
No. 59/1986
s. 143(2)
(Sch. 7).
(b) is committed to any hospital asylum or
institution in a place outside Victoria in
accordance with the laws of that place
relating to the treatment of mental illness; or
(c) is an alcoholic within the meaning of the
Alcoholics and Drug-dependent Persons
Act 1968—
S. 25(1)(c)
substituted by
No. 10/1991
s. 14(a).
his licence as an advanced dental technician shall
by force of this sub-section be suspended and he
shall be deemed for all purposes not to be licensed
under this Act until the Board orders that
suspension be revoked.
(2) When any such person ceases to be a patient or
alcoholic (as the case may be) or when his
committal is revoked or superseded that person
may apply to the Board to have his suspension
revoked.
(3) The Board shall, if it is satisfied that the health of
the applicant is adequate to enable him to carry
out the duties and functions of an advanced dental
technician, revoke his suspension and his
registration shall thereupon be of full force and
effect.
(4) The Board shall cause a note of any such
suspension and of the revocation thereof (if any)
to be entered in the advanced dental technicians
register.
PW-18/9/97
21
S. 25(2)
amended by
No. 10/1991
s. 14(b).
Dental Technicians Act 1972
Act No. 8366/1972
s. 26
S. 25(5)
substituted by
No. 59/1986
s. 143(2)
(Sch. 7),
amended by
No. 98/1995
s. 65(Sch. 1
item 4).
(5) If the senior officer of an approved mental health
service becomes aware that a person admitted to
the psychiatric in-patient service is licensed as an
advanced dental technician the senior officer must
forthwith notify the Board of the admission.
26. Licence fees
S. 26(1)
amended by
Nos 10221
s. 4, 15/1995
s. 10(2).
(1) There shall be paid to the Advanced Dental
Technicians Qualifications Board in respect of
every licence under this Part the fee prescribed.
S. 26(2)
amended by
Nos 10221
s. 4, 15/1995
s. 10(2).
(2) There shall be paid to the Advanced Dental
Technicians Qualifications Board during the
month of July in each year by every person
licensed under this Part the fee prescribed.
(3) If in any year a person makes default in paying the
fee for renewal of his licence the Board shall
cause his name to be erased from the register.
(4) It shall be the duty of the Secretary of the Board
on or before the 17th day of June in each year to
send by post to the address in the register to each
person licensed under this Part a notice stating
that the fee is payable on or before the 31st day of
July next following the day of the notice but the
omission to send or the non-receipt of a notice
shall not affect the liability to have the name
erased from or give any right to have the name
restored to the register.
(5) The Board may cause the name of a person whose
name has been erased from the register under this
section to be restored to the register—
(a) on the payment of the licence fee for the
non-payment of which the name was erased;
and
PW-18/9/97
22
Dental Technicians Act 1972
Act No. 8366/1972
s. 26A
(b) on the payment of the fee prescribed for the
restoration of his name to the register which
shall not be more than one-half of the licence
fee.
26A. Endorsement of licence in relation to partial dentures
(1) An advanced dental technician may apply to the
Board for an endorsement of his or her licence to
permit him or her to make, fit, supply or repair
partial artificial dentures.
(2) A person who applies for a licence as an advanced
dental technician may also apply to the Board for
the endorsement of that licence to permit him or
her to make, fit, supply or repair partial artificial
dentures.
(3) An application under sub-section (1) or (2) must
be accompanied by the prescribed fee.
(4) If an application is made under sub-section (1),
the Board must endorse the advanced dental
technician's licence if the Board is satisfied that
the advanced dental technician—
(a) has satisfactorily completed the prescribed
course of training; and
(b) has paid the prescribed application fee.
(5) If an application is made under sub-section (2)
and the Board grants the licence, the Board must
endorse that licence if the Board is satisfied that
the advanced dental technician—
(a) has satisfactorily completed the prescribed
course of training; and
(b) has paid the prescribed application fee.
(6) In this section "prescribed course of training"
means—
PW-18/9/97
23
S. 26A
inserted by
No. 15/1995
s. 7.
Dental Technicians Act 1972
Act No. 8366/1972
s. 27
(a) the Partial Denture Bridging Course for
Advanced Dental Technicians at the Royal
Melbourne Institute of Technology; or
(b) any other course of training in the making
and fitting of partial dentures which is
prescribed in addition to or in substitution
for that course.
(7) Before recommending the making of a regulation
prescribing a course of training for the purposes of
this section, the Board must ensure that the course
has been endorsed by the head of the School of
Dental Science of the University of Melbourne.
27. Title of advanced dental technician
A person licensed as an advanced dental
technician under this Part may use the title of
dental technician or advanced dental technician
but shall not use any other name initials words or
description indicating that he has qualifications to
practise dental prosthetics or any other form of
dental work.
28. Advanced dental technician may fit and supply
dentures and take impressions
(1) Subject to sub-section (3) an advanced dental
technician may perform any work which under
this Act a dental technician is authorized to
perform and in addition may fit and supply
artificial dentures and take impressions for the
purposes thereof.
(2) An advanced dental technician is not required to
be supervised by or working in accordance with
the written prescription of a dentist while engaged
in—
S. 28(2)(a)
amended by
No. 9233
s. 2(a)(i).
(a) making fitting and supplying dentures and
taking impressions for the purposes thereof;
PW-18/9/97
24
Dental Technicians Act 1972
Act No. 8366/1972
(b) repairing dentures; and
(c) making fitting and supplying a flexible and
removable mouth guard of a type used by
persons engaged in sporting activities.
(3) An advanced dental technician shall not—
(a) make fit supply or repair dentures to be fitted
to a jaw in which there are natural teeth or
parts of natural teeth except in accordance
with sub-section (4);
(aa) fit dentures to a jaw in which there are
natural teeth if this involves any restoration
or modification of the natural teeth or jaw or
part of the natural teeth or jaw;
s. 28
S. 28(2)(b)
amended by
No. 9233
s. 2(a)(ii).
S. 28(2)(c)
inserted by
No. 9233
s. 2(a)(iii).
S. 28(3)
amended by
No. 9233
s. 2(b).
S. 28(3)(a)
amended by
No. 15/1995
s. 8(1)(a).
S. 28(3)(aa)
inserted by
No. 15/1995
s. 8(1)(b).
(b) fit any dentures or take impressions in a
manner which involves work upon a mouth
in which there is any disease disorder open
tissue or any abnormality of the hard or soft
tissue;
(c) perform any work on a person whose mouth
is not fit to receive artificial dentures.
(d) fit dentures to a jaw unless the dentures are
removable by the wearer.
(4) Subject to sub-section (3)(aa), (b) and (c), an
advanced dental technician may make, fit, supply
or repair dentures to be fitted to a jaw in which
there are natural teeth if—
PW-18/9/97
25
S. 28(3)(d)
inserted by
No. 15/1995
s. 8(1)(c).
S. 28(4)
inserted by
No. 15/1995
s. 8(2).
Dental Technicians Act 1972
Act No. 8366/1972
s. 29
(a) the advanced dental technician's licence has
been endorsed under section 26A; and
(b) in the case of the making, fitting or supply of
dentures, the person for whom the dentures
are to be made, fitted or supplied has
provided the advanced dental technician with
a certificate of oral health signed by a dentist
within the previous 12 months.
29. Advanced dental technician to supply itemized
account on request
An advanced dental technician shall at the request
of a patient supply an itemized account.
30. Restriction on description to be used on signs etc.
An advanced dental technician shall not in
relation to his practice as an advanced dental
technician use on any name-plate or sign or on
any notice published by or for him any title words
letters addition or description either in full or in
abbreviation or in combination other than that or
those submitted in the advanced dental technicians
register in connexion with his registration.
31. Advanced dental technician to practise in own name
only
No person shall practise as an advanced dental
technician except in his own name.
S. 32
amended by
No. 15/1995
s. 9(a).
32. Regulations
(1) The Governor in Council may on the
recommendation of the Board make regulations
for or with respect to—
(a) the conduct of proceedings of the Board;
PW-18/9/97
26
Dental Technicians Act 1972
Act No. 8366/1972
*
*
*
s. 32
*
*
S. 32(1)(aa)
inserted by
No. 9233
s. 2(c),
repealed by
No. 10/1991
s. 11(d).
(b) the annual renewal of licences under this
Part;
(c) the approval of courses of training for
advanced dental technicians at specified
institutions;
(d) penalties for contravention or failure to
comply with the regulations not exceeding
20 penalty units;
S. 32(1)(d)
amended by
No. 10221
s. 6(a).
(e) the discipline and control of advanced dental
technicians and the manner of their carrying
on their occupation (including the regulation
of infection control procedures);
S. 32(1)(e)
amended by
No. 15/1995
s. 9(b).
(f) the prohibition of advertising and the
regulation of use of signs by advanced dental
technicians; and
(g) generally any matter or thing which is
required or authorized to be prescribed by
this Part.
(2) A regulation under sub-section (1)(e) may apply
adopt or incorporate, either wholly or in part and
with or without any modification, any matter
contained in any document as in force or as issued
or published at a particular time or as in force or
as issued or published from time to time.
_______________
PW-18/9/97
27
S. 32(2)
inserted by
No. 15/1995
s. 9(c).
Dental Technicians Act 1972
Act No. 8366/1972
s. 34
33
PART III—GENERAL
33. Unqualified person not to purport to be or act as
dental technician or to be in charge of a dental
laboratory
(1) From the 31st December, 1974—
(a) a person not licensed as a dental technician
or advanced dental technician shall not take
or use (either alone or in combination with
any other words) the style of dental
technician dental prosthetist dental mechanic
dental laboratory prosthetic prescription
laboratory or any other name title initials or
description implying that he is a dental
technician or advanced dental technician or
is acting as or doing the work of a dental
technician or advanced dental technician
(whether in the employment or under the
orders or in accordance with the prescription
of a dentist or otherwise) or is carrying on a
dental laboratory;
(b) a person shall not conduct or manage or be
in charge of a dental laboratory unless he is a
dentist dental technician or advanced dental
technician.
S. 33(2)
amended by
No. 45/1990
s. 111(b).
(2) Nothing in this Act or the Dentists Act 1972 shall
apply to prevent any person bound to a dentist
dental technician or advanced dental technician
under and in accordance with a contract of
training under the Vocational Education and
Training Act 1990 doing any work in the course
of his training.
34. Penalty provisions
PW-18/9/97
28
Dental Technicians Act 1972
Act No. 8366/1972
(1) Every person who—
(a) contravenes or fails to comply with any of
the provisions of this Act;
(b) fraudulently or by false representation or
declaration either orally or in writing obtains
a licence under this Act;
(c) wilfully obtains or attempts to obtain a
licence under this Act for himself or any
other person by making or producing or
causing to be made or produced any false or
fraudulent representation or declaration
either orally or in writing or by
impersonation at an examination or before
the Committee or the Board;
(d) forges or counterfeits or alters a licence
under this Act or utters or uses any forged
counterfeit or altered licence knowing the
same to have been forged counterfeited or
altered;
(e) wilfully knowingly or corruptly utters or puts
off or attempts to utter or put off as true
before the Committee or the Board any false
forged or counterfeit certificate diploma
licence letter testimonial or other document
or writing;
(f) wilfully makes or causes to be made a
falsification or false representation or
declaration in a matter relating to the roll or
register or which may affect an entry to be
made therein;
(g) aids or assists in the commission of any of
the above offences—
shall be guilty of an offence against this Act and
shall be liable to a penalty of not more than 40
penalty units.
PW-18/9/97
29
S. 34(1)
substituted by
No. 9233
s. 2(d),
amended by
No. 10221
s. 6(b).
Dental Technicians Act 1972
Act No. 8366/1972
s. 34
*
S. 34(1A)
inserted by
No. 9233
s. 2(d),
amended by
No. 16/1986
s. 30,
repealed by
No. 57/1989
s. 3(Sch. item
52).
*
*
*
*
(2) Proceedings for an offence against—
(a) Part I of this Act may be taken by a person
authorized by the Committee either generally
or in a particular case;
(b) Part II may be taken by a person authorized
by the Board either generally or in a
particular case;
(c) Part III may be taken by a person authorized
by both the Board and the Committee either
generally or in a particular case—
and in any proceedings no proof of an authority
having been given shall be required until evidence
is given to the contrary.
(3) Penalties recovered in proceedings taken—
(a) under Part I shall be paid to the Committee;
(b) under Part II shall be paid to the Board; and
(c) under Part III shall be divided equally
between the Committee and the Board—
to be applied for the purposes of this Act.
PW-18/9/97
30
Dental Technicians Act 1972
Act No. 8366/1972
*
*
*
*
*
S. 34A
inserted by
No. 9479 s. 2,
amended by
No. 9699
s. 23(Sch. 2)
substituted by
No. 10/1991
s. 13,
amended by
No. 42/1993
s. 63,
repealed by
No. 31/1994
s. 4(Sch. 2
item 21).
*
*
*
*
*
S. 35
repealed by
No. 9863
s. 2, new s. 35
inserted by
No. 10/1991
s. 13,
repealed by
No. 31/1994
s. 4(Sch. 2
item 21).
*
*
*
*
*
S. 36
inserted by
No. 10/1991
s. 13,
repealed by
No. 31/1994
s. 4(Sch. 2
item 21).
═══════════════
PW-18/9/97
s. 34A
31
Dental Technicians Act 1972
Act No. 8366/1972
Notes
NOTES
1. General Information
The Dental Technicians Act 1972 was assented to on 19 December 1972
and came into operation on 1 December 1974: Government Gazette
27 November 1974 p. 4097.
PW-18/9/97
32
Dental Technicians Act 1972
Act No. 8366/1972
2. Table of Amendments
This Version incorporates amendments made to the Dental Technicians Act
1972 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Dental Technicians (Amendment) Act 1975, No. 8808/1975
Assent Date:
2.12.75
Commencement Date:
31.12.75: Government Gazette 31.12.75 p. 4163
Current State:
All of Act in operation
Dental Technicians (Amendment) Act 1977, No. 9000/1977
Assent Date:
10.5.77
Commencement Date:
10.5.77: s. 1(2)
Current State:
All of Act in operation
Dental Technicians (Amendment) Act 1978, No. 9233/1978
Assent Date:
19.12.78
Commencement Date:
1.1.79: Government Gazette 20.12.78 p. 3885
Current State:
All of Act in operation
Health (Reporting to Parliament) Act 1980, No. 9479/1980
Assent Date:
23.12.80
Commencement Date:
23.12.80: s. 1(2)
Current State:
All of Act in operation
Employment and Training Act 1981, No. 9678/1981
Assent Date:
22.12.81
Commencement Date:
1.1.82: Government Gazette 23.12.81 p. 4261
Current State:
All of Act in operation
Companies (Consequential Amendments) Act 1981, No. 9699/1981
Assent Date:
5.1.82
Commencement Date:
Ss 9, 14, 18 on same day as No. 9572—1.7.81: s.
2(2); s. 19 on 1.10.81: s. 2(3); s. 22 on 5.1.82: s. 2(4);
rest of Act on same day as No. 9712—1.7.82: s. 2(1)
Current State:
All of Act in operation
Health (Privileges) Act 1982, No. 9784/1982
Assent Date:
19.10.82
Commencement Date:
19.10.82: s. 1(2)
Current State:
All of Act in operation
Statute Law Revision (Repeals) Act 1982, No. 9863/1982
Assent Date:
5.1.83
Commencement Date:
5.1.83: s. 1(2)
Current State:
All of Act in operation
Dental Technicians (Licences) Act 1985, No. 10221/1985
PW-18/9/97
33
Notes
Dental Technicians Act 1972
Act No. 8366/1972
Notes
Assent Date:
Commencement Date:
Current State:
3.12.85
31.12.85: s. 2
All of Act in operation
Courts Amendment Act 1986, No. 16/1986
Assent Date:
22.4.86
Commencement Date:
S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180
Current State:
This information relates only to the provision/s
amending the Dental Technicians Act 1972
Mental Health Act 1986, No. 59/1986
Assent Date:
3.6.86
Commencement Date:
S. 143(2)(Sch. 7) on 1.10.87: Government Gazette
30.9.87 p. 2585
Current State:
This information relates only to the provision/s
amending the Dental Technicians Act 1972
County Court (Amendment) Act 1989, No. 19/1989
Assent Date:
16.5.89
Commencement Date:
1.8.89: Government Gazette 26.7.89 p. 1858
Current State:
All of Act in operation
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 3(Sch. item 52) on 1.9.90: Government Gazette
25.7.90 p. 2217
Current State:
This information relates only to the provision/s
amending the Dental Technicians Act 1972
Vocational Education and Training Act 1990, No. 45/1990
Assent Date:
19.6.90
Commencement Date:
S. 111 on 1.7.91: Special Gazette (No. 9) 31.1.91 p. 3
Current State:
This information relates only to the provision/s
amending the Dental Technicians Act 1972
Health Registration Acts (Amendment) Act 1991, No. 10/1991
Assent Date:
23.4.91
Commencement Date:
S. 14 on 15.12.91: Government Gazette 11.12.91
p. 3404; s. 13 on 1.7.92: Government Gazette 6.5.92
p. 1058; ss 11, 12 on 8.8.92: Government Gazette
5.8.92 p. 2050
Current State:
This information relates only to the provision/s
amending the Dental Technicians Act 1972
Health and Community Services (General Amendment) Act 1993, No. 42/1993
Assent Date:
1.6.93
Commencement Date:
S. 63 on 23.4.91: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Dental Technicians Act 1972
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
PW-18/9/97
34
Dental Technicians Act 1972
Act No. 8366/1972
Assent Date:
Commencement Date:
Current State:
31.5.94
S. 4(Sch. 2 item 21) on 1.1.95: Government Gazette
28.7.94 p. 2055
This information relates only to the provision/s
amending the Dental Technicians Act 1972
Dental Technicians (Amendment) Act 1995, No. 15/1995
Assent Date:
9.5.95
Commencement Date:
9.5.95: s. 2
Current State:
All of Act in operation
Mental Health (Amendment) Act 1995, No. 98/1995
Assent Date:
5.12.95
Commencement Date:
S. 65(Sch. 1 item 4) on 1.7.96: Government Gazette
27.6.96 p. 1593
Current State:
This information relates only to the provision/s
amending the Dental Technicians Act 1972
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PW-18/9/97
35
Notes
Dental Technicians Act 1972
Act No. 8366/1972
Notes
3. Explanatory Details
No entries at date of publication.
PW-18/9/97
36