Health Employees' Dental Officers (State) Award
2023
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 212372 of 2023)
Before Chief Commissioner Constant
|
17 August 2023
|
AWARD
Arrangement
Clause No. Subject Matter
1. Definitions
2. Conditions
of Service
3. Salaries
4. Classifications
5. Transitional
Arrangements
6. No Extra
Claims
7. Area, Incidence
and Duration
1. Definitions
"Dental Officer" means a person appointed
as such by a hospital who holds a dental qualification registrable with the
Dental Board of Australia.
"Hospital" means a public hospital as defined
under section 15 of the Health Services Act 1997, as amended or varied
from time to time.
"Ministry" means the Ministry of Health.
"Officer" means a Dental Officer, as defined herein,
occupying a position as specified in clause 3, Salaries, in a hospital as
defined above.
"Service", unless the context otherwise indicates
or requires, means relevant service before and/or after commencement of this
Award in any one or more New South Wales public health organisations or any
other organisations deemed acceptable by the Ministry.
"Specialist" means a person appointed by the
hospital who:
(a) holds a dental
qualification registrable in Australia;
(b) after full
registration has spent not less than six years in the practice of dentistry
whether in New South Wales or elsewhere, deemed by the hospital to be of
equivalent standing;
(c) has spent not
less than four years in supervised specialist training and/or experience, and
either:
(1) has obtained an
appropriate dental qualification in his/her speciality acceptable to the
hospital, or
(2) is deemed by the
Ministry to be a specialist by recognition of his/her experience and
demonstrated performance at specialist level.
"Union" means Health Services Union NSW.
"Weekly rates" will be ascertained by dividing an
annual amount by 52.17857 or a weekly rate can be multiplied by 52.17857 to
obtain the annual amount
2. Conditions of
Service
The Public Hospitals (Professional and Associated Staff)
Conditions of Employment (State) Award 2023, as varied or replaced from time to
time, shall apply to all persons covered by this Award.
In addition, the Health Industry Status of Employment
(State) Award 2023, as varied or replaced from time to time, shall also apply
to all relevant employees.
3.. Salaries
Full time Dental Officer employees shall be paid the
salaries in the Health Professional and Medical Salaries (State) Award 2023, as
varied or replaced from time to time.
4.. Classifications
4.1 Dental Officer
Level 1
(a) Dental officers
employed at level 1 are newly qualified employees. Dental officers at this
level are beginning practitioners who are developing their skills and
competencies in dentistry.
(b) Level 1 staff
are responsible and accountable for providing a professional level of service
to the health facility. Under the general oversight of a more experienced
dentist, a level 1 year 1 Dental Officer performs examinations, investigations
and basic treatment of commonly encountered dental diseases or dental health problems
requiring standard corrective, restorative, or preventive measures.
(c) Dental officers
on level 1 year 2-4 serve as practicing dentists who perform routine dental
work requiring the independent examination, investigation, treatment planning and
treatment of patients. This is a moderate skill level and includes the
moderately experienced dentist who is competent in basic tasks. They may
require regular professional support and mentoring.
(d) Level 1 staff
participate in quality activities and workplace education. Level 1 year 2-4
staff may be required to provide supervision to undergraduate student on
observational placements, work experience students and to level 1 year 1 Dental
Officers.
4.2 Dental Officer
Level 2
(a) Progression to
level 2 from level 1 is dependent upon having a minimum of 2 years’ clinical
experience, meeting the annual performance review requirements and successfully
completing the standard Dental Officers Skills Assessment set by the Centre for
Oral Health Strategy conducted by the clinical supervisor.
(b) The level 2
Dental Officer is a general dental practitioner who performs the full range of
professional dental tasks described for the level 1 Dental Officer. The work
differs from the level 1 Dental Officer in that the dental officer regularly
encounters, diagnoses, and administers treatment for dental diseases and dental
health problems of greater-than-usual difficulty.
(c) Positions at
this level are required to exercise independent professional judgement on
routine matters. They may require professional supervision from more senior
staff members when performing novel, complex or critical tasks.
(d) Positions at
this level assist in the development of policies, procedures, standards and
practices, participate in quality improvement activities and may participate in
clinical research activities as required.
(e) Dental
registrars (dentists undertaking training as Specialists by Masters degree) are
placed on level 2, with remuneration linked to the proportion of time spent
providing dental services to public patients.
4.3 Dental Officer
Level 3 - Senior Dentist
(a) This level is only
achieved by appointment to such a position. Level 3 Dental Officers are
experienced and capable of operating with a level of independence reflective of
their skill and competency in general dentistry. Some of these dental officers
will be entitled to clinical manager allowances.
(b) The level 3
Dental Officer will have the majority of the following duties and attributes:
(i) highly advanced
skills in managing most of the difficult clinical situations, complex medical
histories and those with disabilities.
(ii) widely
recognised for their exceptional competence in general dental work and has a
proven record for carrying out a broad range of advanced and complex dental
procedures. This may include the attainment of a Fellowship or Membership of
the Royal Australasian College of Dental Surgeons (RACDS) or equivalent
organisation as recognised by the Ministry of Health.
(iii) experienced
clinician who demonstrates advanced clinical reasoning skills;
(iv) duties and
responsibilities involving planning, implementing, evaluating and reporting on
services;
(v) responsibility
for identifying opportunities for improvement in clinical practice, develop and
lead ongoing quality improvement activities with other staff;
(vi) conduct clinical
research
(vii) acts as a mentor
to other clinical staff and teaches undergraduate students
(viii) may be responsible
for providing clinical supervision and support to level 1 and 2 Dental
Officers, technical and support staff;
(ix) responsible for
components of clinical governance; and
(x) participate in
the provision of clinical development in-service education programs to staff
and students.
4.4 Dental Officer
Level 4 - Head of Department/Senior Clinical Adviser
(a) This level is
only achieved by appointment. Level 4 Dental Officers will have the
competencies of a level 3 Dental Officer plus additional areas of expertise.
They may have a clinical, education or management focus or may have elements of
all three features. Current grade 5 Dental Officers will go to level 4 on
transition to the new structure.
(b) In recognition
of their superior clinical expertise, a clinician at this level is responsible
for quality assurance, development of better practice and clinical research
within a facility and is actively involved in teaching staff and students in
their field of clinical specialty. The level 4 Dental Officer also has
responsibility for education support to other clinicians in the management of
patients requiring ongoing specialist treatment in a geographic network, region
or zone.
(c) Staff at level 4
deliver and/or manage and direct the delivery of services in a complex clinical
setting. They perform novel, complex or critical discipline specific clinical
work with a high level of professional knowledge and by the exercise of
substantial professional judgement.
(d) Dental officers
at this level would undertake work with significant scope and/or complexity
and/or undertake professional duties of an innovative, novel and/or critical
nature without direction.
(e) Roles that may
be undertaken at level 4 include, but are not limited to, the following:
Level 4 - Clinical Stream
Level 4 - Dental Officers are experienced dentists who
are:
(i) widely
recognised for their exceptional competence in general dental work and have a
proven record for carrying out a broad range of advanced and complex dental
procedures.
(ii) maintain a
clinical caseload and provides:
clinical education in the area of expertise through in-service
training to under-graduate and/or post-graduate students;
in-service to other dental officers in their clinical
specialist area of expertise;
consultation and advice to specialist teams across an
area or geographic or clinical network; and
discipline specific professional supervision and
leadership either within a facility or across facilities and/or Local Health
District(s).
Level 4 - Management Stream
Level 4 - Dental Officers may be appointed as:
(i) Department Head
- responsible for operational co-ordination of staffing and related clinical
services and may work across a geographic region, zone or clinical network.
Department Heads may also be required to maintain a clinical load.
(ii) Unit Head or
Team Leader- responsible for the leadership, guidance and line management of a
multi-disciplinary clinical unit or specialist team that may work across a
geographic region, zone or clinical network. The work involves supervision of
other dental officers and support staff as well as a clinical load.
4.5 Dental Officer
Levels 1 - 3 Management Allowances
(a) Dental Officers
in level 1 (2nd year and thereafter), level 2 and level 3 may be paid a
management allowance in addition to their rate of pay. The management allowance
is paid as part of an employee’s permanent salary following a merit selection
process. If an employee is required to relieve for 5 days or more in the role
of the manager, and performs all of the duties of the supervisor, then the
management allowance will be paid to such employee. There are two levels of
allowances, which are paid in the following circumstances:
(i) Clinic Manager
Level 1 - A dental officer managing a dental clinical service that may encompass
more than one small clinic. The work involves, clinical management, supervision
of other dental officers, other oral health practitioners, and support staff as
well as a clinical load. A level 1 managerial allowance would be paid.
(ii) Clinic Manager
Level 2 - is responsible for the leadership, guidance and line management of a
multi-disciplinary clinical unit that may work across a geographic region, zone
or clinical network. The work involves clinical management, supervision of
other dental officers, other oral health practitioners, and support staff as
well as a clinical load. A level 2 managerial allowance would be paid. Level 1
Dental Officers are not eligible for this allowance.
4.6 Specialists
(a) Employees
occupying positions as specialists who have satisfied the full requirements of
the Dental Board of Australia in a recognised speciality will be appointed to
the Specialist scale in accordance with their years of experience in the
speciality.
(b) Continued payment
as a specialist will be on the basis of a dentist remaining employed in the
specialist area concerned.
4.7 Hospital
Specialist
(a) These will be
differentiated from the board specialists as follows:
(i) Hospital
specialists provide specialist services in an area of work that is not a
specialty recognised by the Dental Board of Australia.
(ii) For the purpose
of this Award, a hospital specialist will work in the specialties of special
needs, geriodontics or restorative dentistry. Additional specialties can be
recognised with the approval of the Chief Dental Officer. The Medical and
Dental Advisory Committee assesses the merit of individual specialists for
recognition as a hospital specialist within the categories determined by the
Chief Dental Officer.
(iii) Hospital
specialists do not have access to the senior clinical specialist
classification.
4.8 Senior Clinical
Specialist
(a) Board Specialists
may progress to the level of Senior Specialist. This is seen as recognition for
an exceptional clinical leader who has made significant contributions to
dentistry in their area of speciality. This is a personal appointment, where it
can also be demonstrated that the specialist is appointed to a position having
such duties and responsibilities as deemed by the employer to require the
services of a senior clinical specialist.
(b) Except in
exceptional circumstances, this appointment would follow about 10 years of
experience as a specialist. This classification is not available to hospital
specialists. This appointment is considered upon application by or on behalf of
an individual board specialist to the Medical and Dental Advisory Committee of
the Local Health District(s). Appeal of any such decision lies with the Chief
Dental Officer.
4.9 Specialist -
Management Allowance
(a) A specialist or
a senior clinical specialist managing a clinical service that involves,
clinical management, supervision and teaching of other specialists, other oral
health practitioners, undergraduate students and support staff as well as a
clinical load. A hospital specialist may be eligible for the payment of this
allowance. The management allowance is paid as part of an employee’s permanent
salary following a merit selection process. If an employee is required to
relieve for 5 days or more in the role of the manager, and performs all of the
duties of the supervisor, then the management allowance will be paid to such
employee.
4.10 Area Directors of
Oral Health Clinical Services
(a) Positions at
this level lead, direct and co-ordinate all public sector oral health services
within a Local Health District(s). They have significant responsibility for the
human physical and financial resources under their control. Positions at this
level will also make a major contribution towards the development and
achievement of the strategic directions of the Area.
(b) The position
exercises a high degree of independence in the determination of overall
strategies, priorities, work standards and the allocation of resources. It will
also make independent decisions related to area wide expert practice in their
field and will be responsible for outcomes for clients and the organisation
from the practice of other dental officers and staff. The position makes
strategic management and service development decisions.
(c) Positions at
this level may include operational and strategic roles but are not limited to
the following:
(i) professional
responsibility with regard to strategic workforce and service development and
professional practice across an AHS;
(ii) provides professional
co-ordination and leadership across an area to department heads and acts as a
central point of contact for strategic consultation and liaison with Senior
Executive management;
(iii) a dual role of
department head within a facility;
(iv) required to
provide an expert speciality consultancy role in their area of expertise; and
(v) involved in the
provision of training to staff within the Local Health District(s).
(d) There will be
three levels of Area Director of Clinical Services reflecting the size of the
Local Health District(s) and the complexity and mix of the dental facilities
within it.
(e) Area Director
of Oral Health Clinical Services - Level 1
The level 1 reports to a health services manager
responsible for oral health services. This is the lead dentist in a Local
Health District(s) that provides the usual range of oral health services from
community clinics but does not have
(i) a dental
teaching hospital where dental specialist services are also provided
(ii) a Rural and
Regional Centre of Oral Health or
(iii) a dental
clinical school.
(f) Area Director
of Oral Health Clinical Services - Level 2
The level 2 reports to a health services manager
responsible for oral health services. This is the lead dentist in a Local
Health District(s) that provides the usual range of oral health services from
community clinics but:
(i) does not have a
dental teaching hospital,
(ii) has a Rural and
Regional Centre of Oral Health and/or
(iii) a dental
clinical school.
(g) Area Director of
Oral Health Clinical Services - Level 3
The level 3 would also have the role of health services
manager responsible for oral health services. This is the lead dentist in a
Local Health District(s) that provides the usual range of oral health services
from community clinics, and, in addition, has:
(i) a dental
teaching hospital where dental specialist services are also provided
(ii) a Rural and
Regional Centre of Oral Health and/or
(iii) a dental
clinical school.
5. Transition
Arrangements
(a) Employees’ skills,
responsibilities and qualifications will be assessed against the classification
descriptors in clause 4 and will be placed on the appropriate level,
maintaining their existing incremental date. Years of service at the relevant
skill level will be used to determine the appropriate salary rate within the
classification level. Employees will maintain their existing incremental date.
6. No Extra Claims
Other than as provided for in the Industrial Relations
Act 1996 and the Industrial Relations (Public Sector Conditions of
Employment) Regulation 2014 (or its successor however described), there shall
be no further claims/demands or proceedings instituted before the Industrial
Relations Commission of New South Wales for extra or reduced wages, salaries,
rates of pay, allowances or conditions of employment with respect to the
employees covered by the Award that take effect prior to 30 June 2024 by a
party to this Award.
7. Area, Incidence and
Duration
(i) This Award
takes effect from 1 July 2023 and shall remain in force for a period of one
year.
(ii) This Award
rescinds and replaces the Health Employees Dental Officers (State) Award 2022
published 20 October 2022 (392 I.G 1310) and all variations thereof.
(ii) This Award
shall apply to persons employed in classifications contained herein employed in
or in connection with the New South Wales Health Service as defined in the Health
Services Act 1997, or their successors, assignees or transmittees.
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.