Addition
at new sections 17A, 17B. 17C and 17D,
[cf. 14 Geo.
e.29.
8.18(2)).
0.
(2) For the purposes of subsection (1)— "due inquiry" means an inquiry by the Board con- ducted substantially in accordance with procedure prescribed by regulations made under paragraph (f) of subsection (2) of section 25; and "unprofessional conduct" means an act or omission of a registered dentist which would be reasonably regarded as disgraceful or dishonourable by regis- tered dentists of good repute and competency,
(3) Nothing in this section shall be deemed to require the Board to inquire into the question whether the registered dentist was properly convicted but the Board may consider any record of the case in which such conviction was recorded and any other evidence which may be available and is relevant as showing the nature and gravity of the offence.
(4) In any inquiry under this section whether a person has been guilty of unprofessional conduct, any finding of fact which is shown to have been made in any matrimonial proceedings in a court of the Commonwealth having unlimited jurisdiction in civil matters, or on appeal from a decision in such proceed- ings, shall be conclusive evidence of the fact found.
(5) It shall be lawful for the Board to publish the result of any inquiry held under this section either with or without an account of the proceedings thereat."*.
The principal Ordinance is amended by the addition after section 17 of the following new sections—
"Powers of Board with
regard to
17A. (1) For the purposes of an inquiry under section 17, the Board shall have the following
obtaining of powers-
evidence and the conduct of proceedinga.
(a) to hear, receive and examine evidence on
oath;
(b) to summon any person to attend the inquiry to give evidence or produce any document or other thing in his possession and to examine
him as a witness or require him to produce any document or other thing in his posses sion, subject to all just exceptions;
(c) to admit or exclude the public or any member
of the public from the inquiry;
(d) to admit or exclude the press from the
inquiry;
(e) to award any person summoned to attend the inquiry such sum or sums as in the opinion of the Board may have been reasonably expended by him by reason of his attendance.
(2) Summonses to witnesses may be in the form in the Schedule and shall be signed by the Chairman.
Penalty for failure to give evidence.
Schedule.
Appear ance of counsel, etc.
Provisiona relating
to orders of the Board.
17B. Any person who being summoned to attend as a witness or to produce a book, document or any other thing at an inquiry under section 17 refuses or neglects to do so or to answer any question put to him by or with the concurrence of the Board shall be guilty of an offence and shall be liable to a fine of one thousand dollars and to imprisonment for six months :
Provided that no person shall be bound to in- criminate himself and every witness shall, in respect of any evidence given by him before the Board, be entitled to the same privileges to which he would be entitled if giving evidence before a court of justice. 170. The complainant in any inquiry under section 17 and the registered dentist whose conduct is the subject of such inquiry shall be entitled to be represented by counsel or a solicitor throughout the inquiry.
170. () A сорт of
order made under any subsection (1) of section 17 shall be served forthwith by the Registrar upon the registered dentist concerned, either personally or by registered post addressed to his registered address.
(2) The Registrar shall not erase or remove the name of the registered dentist from the register before the expiry of one month after the date of service of the
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