Section 41

Where a registered dentist or registered oral health therapist in respect of whom an order is made under section 40(2)(c), or an order for interim restricted registration is made under section 49C(1)(b) or 49E(1)(d), is judged by a Disciplinary Committee (whether, in the case of an order under section 40(2)(c), it is the Disciplinary Committee that made the order or another Disciplinary Committee appointed in its place) to have failed to comply with any of the requirements imposed on him as conditions of his registration, the Disciplinary Committee may, if it thinks fit, order —

Where a Disciplinary Committee has made an order for suspension under subsection (1)(b) or section 40(2)(b), the Disciplinary Committee may order that the registration of the person whose registration is suspended shall, as from the expiry of the current period of suspension, be restricted in such manner as it thinks fit for a period not exceeding 3 years.

Where a Disciplinary Committee has made an order for suspension under subsection (1)(b) or section 40(2)(b) against a person and that person has failed to comply with that order, the Disciplinary Committee or another Disciplinary Committee appointed in its place may, if it thinks fit, order —

Where a Disciplinary Committee has made an order under section 40(2)(c), the Disciplinary Committee or another Disciplinary Committee appointed in its place may revoke the order or revoke or vary any of the conditions imposed by the order.

Subsection (1) shall apply to a registered dentist or registered oral health therapist whose registration is subject to conditions imposed by an order made under subsection (2) or (3) as it applies to a registered dentist or registered oral health therapist whose registration is subject to conditions imposed by an order for restricted registration made under section 40(2)(c), and subsection (4) shall apply accordingly.

Where a Disciplinary Committee has made an order or has varied the conditions imposed by an order under this section, the Registrar shall immediately serve on the person to whom the order applies a notice of the order or the variation.

Any person who is aggrieved by any order referred to in subsection (6) may, within 30 days after the service on him of the notice of the order, appeal to the High Court against the order and there shall be no appeal from the decision of that Court.

In any appeal to the High Court against an order referred to in subsection (6), the High Court shall accept as final and conclusive any finding of the Disciplinary Committee relating to any issue of professional ethics or standards of professional conduct unless such finding is in the opinion of the High Court unsafe, unreasonable or contrary to the evidence.

Subject to subsection (10), an order made by a Disciplinary Committee for the removal of any name or for suspension of registration under subsection (1) or (3) or section 40(2) shall not take effect until the expiration of 30 days after the order is made.

On making an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 40(2), a Disciplinary Committee may, if it is satisfied that to do so is necessary for the protection of members of the public or would be in the best interests of the registered dentist or registered oral health therapist concerned, order that his registration in the appropriate register be suspended or that his name be removed from the appropriate register immediately.

Where an order under subsection (10) is made, the Registrar shall immediately serve a notice of the order on the person to whom it applies and if that person was present or represented at the proceedings of the Disciplinary Committee, the order shall take effect from the time the order is made.

Where the person concerned is neither present nor represented at the proceedings of the Disciplinary Committee, the order made under subsection (10) shall take effect from the time of service of the notice of the order on him.

An order of a Disciplinary Committee, other than an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 40(2), shall take effect from the time the order is made.

Notwithstanding anything in this section, where a registered dentist or registered oral health therapist has appealed to the High Court against an order of a Disciplinary Committee under subsection (7), the order shall not take effect unless the order is confirmed by the High Court or the appeal is for any reason dismissed by the High Court or is withdrawn.

While any order of suspension of registration remains in force, the person concerned shall not be regarded as being registered under this Act notwithstanding that his name still appears in the appropriate register, but immediately on the expiry of such order his rights and privileges as a registered dentist or registered oral health therapist shall be revived as from the date of such expiry provided that the dentist or oral health therapist, as the case may be, has complied with all the terms of the order.

Where a registered dentist or registered oral health therapist is not found or judged by a Disciplinary Committee to have been convicted or guilty of any matter referred to in section 40(1), the Disciplinary Committee shall dismiss the complaint or matter.