Set the New South Wales peer-opinion words against the recorded dental division
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set out the section 5O words against the division in the registration extract, including the irrational test and the section 5P warning carve-out. Do not add a significant number of respected practitioners, and do not decide breach.
- What the lawyer must review
- Decide whether the field is the recorded division.
- Keep a warning allegation under section 5P, outside section 5O.
- Check that a significant number of respected practitioners is not added to section 5O.
- Keep health information in a firm-controlled tool, not a public one.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales. A dental treatment allegation. The peer words are section 5O. A warning stays under section 5P.
Produce. The recorded division, with the section 5O words set out beside it.
Have ready. Registration extract showing the division; The allegation, marked as treatment or as a warning; The section 5O and section 5P text.
Example of the limit. Illustrative example: The register records an oral health therapist. The draft peer question uses a significant number of respected practitioners. The lawyer removes those words. The tool does not decide breach.
Stop and hand it back when
- The section 5O wording has been replaced with another state's test.
- A warning row is placed under section 5O.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Set out the section 5O words against the division in the registration extract, including the irrational test and the section 5P warning carve-out. Do not add a significant number of respected practitioners, and do not decide breach. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record the division the register shows, using the five divisions named in the guideline.
- Set out section 5O: widely accepted in Australia by peer professional opinion as competent professional practice. Do not add a significant number of respected practitioners.
- Record that peer professional opinion cannot be relied on if the court considers the opinion irrational.
- Keep a warning, advice or other information allegation under section 5P.
- The lawyer decides the field. The division record is not that decision.
Sources
- Dental Board of Australia: Guidelines for scope of practice · 2026-10-23
- Civil Liability Act 2002 (NSW) s 5O · 2026-10-23
- Civil Liability Act 2002 (NSW) s 5P · 2026-10-23
Continuing professional development does not change the division.
Section 5O does not use the words a significant number of respected practitioners. Those words are not added.
Health information stays in a firm-controlled tool. Rule 9.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, as described by the Victorian Legal Services Board and Commissioner, and APP 11, apply. The lawyer decides whether any loss is notifiable under the Privacy Act 1988 (Cth).