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Legislative Assembly for the ACT: 2000 Week 11 Hansard (30 November) . . Page.. 3483 ..
Mr Moore , pursuant to notice, presented the bill and its explanatory memorandum.
Title read by Clerk.
MR MOORE (Minister for Health, Housing and Community Care) (11.07): I move:
That this bill be agreed to in principle.
This bill amends the Dentists Act 1931, with consequential changes to the Health Professional Boards (Procedures) Act 1981, to allow, at the discretion of the Dental Board of the ACT, a legal practitioner of at least five years standing to be appointed as a member in the event of an inquiry being conducted by the board.
Currently, the Dentists Act 1931 states that an appointed member must be a registered dentist and for a period of three years immediately proceeding the appointment entitled to practise as a dentist.
In December 1997 the Legislative Assembly passed similar amendments to the Medical Practitioners Act 1930, which enabled a legal practitioner to be a member of the Medical Board of the ACT. The Medical Board have advised that the appointment of a legal practitioner has proven to be a success in the operation of the board and that potential issues have been avoided due to the appropriate legal advice being received at the earliest possible stage.
The Dental Board conducts investigations and formal inquiries into the conduct of registered dentists and at present legal assistance for these investigations and inquiries is provided by the ACT Government Solicitor. This can lead to the perception of bias if the Government Solicitor also acts as prosecutor in any inquiry. Previous outcomes of Dental Board inquiries have also demonstrated a lack of knowledge in the technical aspects of conducting an inquiry.
The inclusion of a legal practitioner as a member or, at the discretion of the Dental Board as a chair when holding inquiries, will provide the board with the necessary legal assistance when conducting complex inquiries. It will also separate the prosecution and judicial functions of an inquiry. This will ensure that inquiries are conducted in accordance with natural justice principles as well as minimising the likelihood of Dental Board decisions being overturned by tribunals or courts of appeal. For these reasons, the Dental Board of the ACT has requested the preparation of the bill.
The Health Legislation Amendment Bill 2000 will allow the Dental Board of the ACT to obtain the necessary advice to resolve complex inquires and assist the board in fulfilling their responsibility to protect public safety.
Mr Speaker, as we indicated to members, we will seek to bring this bill on next week. When passed, the Dental Board will be able to take advantage of this legislation in respect of an inquiry which it is about to undertake.
Debate (on motion by Mr Wood ) adjourned to the next sitting.
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