Section 31
Liability of registered dentist or registered oral health therapist for allowing another to act in contravention of section 29, etc.
of Dental Registration Act 1999
(1)
A registered dentist or registered oral health therapist who allows a person to practise dentistry in contravention of section 29 on any premises used by or under the control of that registered dentist or registered oral health therapist shall be guilty of an offence.
(2)
A registered dentist or registered oral health therapist who, by his or her presence, countenance, advice, assistance or cooperation, has knowingly enabled a person, whether described as an assistant or otherwise, to practise dentistry in contravention of section 29 shall be guilty of an offence.
(3)
In any proceedings for an offence under subsection (1) or (2), it is a defence for the defendant to prove that —
the commission of the offence was due to a mistake on his or her part or to reliance on information supplied to him or her or to the act of another person or some other cause beyond his or her control; and
the defendant took all reasonable precautions and exercised due diligence to prevent the commission of the offence.
(4)
A registered dentist or registered oral health therapist who practises dentistry on any premises on which any person practises dentistry in contravention of section 29, knowing or having reason to believe that that person was practising dentistry on those premises in contravention of section 29, shall be guilty of an offence.[24