Section 47
Appointment of Disciplinary Committee
of Dental Registration Act 1999
(1)
The president may, from time to time, appoint one or more committees each consisting of —
a chairperson from a panel, to be appointed by the Minister, comprising fully registered dentists whose names appear in the first division of the Register of Dentists and who have had at least 20 years’ experience in the practice of dentistry;
at least one member of the Council;
at least one member of the Complaints Panel, not being a member of the Council; and
an observer who is a lay person,to be known as a Disciplinary Committee, to inquire into —
any complaint or matter in respect of which the Minister or a Complaints Committee has under section 46 ordered that an inquiry be held by a Disciplinary Committee; or
any matter referred to it under section 44(3).
(2)
A member of a Complaints Committee inquiring into any matter concerning a registered dentist or registered oral health therapist must not be a member of a Disciplinary Committee inquiring into the same matter.
(3)
The member of a Disciplinary Committee who is an observer must not vote on any question or matter to be decided by the Disciplinary Committee and need not be present at every meeting of the Disciplinary Committee.
(4)
A Disciplinary Committee may be appointed in connection with one or more matters or for a fixed period of time as the Council may think fit.
(5)
The Council may at any time revoke the appointment of any Disciplinary Committee or may remove any member of a Disciplinary Committee or fill any vacancy in a Disciplinary Committee.
(6)
No act done by or under the authority of a Disciplinary Committee is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.
(7)
Except as provided by subsection (3) —
all members of a Disciplinary Committee must be personally present to constitute a quorum for the transaction of any business; and
all members of a Disciplinary Committee present at any meeting of the Disciplinary Committee must vote on any question arising at the meeting and that question is to be determined by a majority of votes and, in the case of an equality of votes, the chairperson has a casting vote.[37