Section 46
Findings of Complaints Committee
of Dental Registration Act 1999
(1)
Upon due inquiry into the complaint or information, or any information or evidence mentioned in section 45(9), a Complaints Committee must —
if it is of the view that no formal inquiry is necessary —
order that the registered dentist or registered oral health therapist be issued with a letter of advice;
order that the registered dentist or registered oral health therapist be warned;
order that the complaint or matter be dismissed; or
make any other order that it thinks fit; or
if it is of the view that a formal inquiry is necessary —
order that an inquiry be held by the Health Committee; or
order that an inquiry be held by a Disciplinary Committee.
(2)
Where a Complaints Committee determines that a formal inquiry is necessary, it must order that the inquiry be held by the Health Committee if the complaint, information or evidence touches upon the physical or mental fitness of the registered dentist or registered oral health therapist to practise.
(3)
Where a Complaints Committee has made an order for a formal inquiry to be held by a Disciplinary Committee, the Council must immediately appoint a Disciplinary Committee which must hear and investigate the complaint or matter.
(4)
Where a Complaints Committee has ordered that a letter of advice be issued, the chairperson of the Complaints Committee must issue a letter of advice in the terms that it thinks fit.
(5)
A Complaints Committee must notify the registered dentist or registered oral health therapist concerned and the person who made the complaint or gave the information under section 44(1) of its decision under subsection (1) and, if it makes an order under subsection (1)(a), the reason for making the order.
(6)
Any registered dentist or registered oral health therapist who is aggrieved by any order of a Complaints Committee under subsection (1)(a) may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final.
(7)
Where the person who has made the complaint or given the information to the Council is dissatisfied with any order of a Complaints Committee under subsection (1)(a), the person may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final.
(8)
The Minister may make —
an order affirming the determination of a Complaints Committee;
an order directing the Council to immediately appoint a Disciplinary Committee to hear and investigate the complaint or matter;
an order directing that an inquiry into the matter be held by the Health Committee; or
any other order that the Minister thinks fit.
(9)
Every Complaints Committee must immediately report to the Council its findings and the order or orders made.[36