Health Employees Dental Officers (State) Award 2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 187651 of 2021)
Before Chief Commissioner Constant
|
22 July 2021
|
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.
"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 2019, 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 2019, 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 2019, 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. He or she 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 his/her 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, 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 2022 by a party to this
Award.
7. Area, Incidence and
Duration
(i) This
Award takes effect from 1 July 2021 and shall remain in force for a period of
one year.
(ii) This Award rescinds
and replaces the Health Employees Dental Officers (State) Award 2019 published
6 March 2020 (386 I.G. 1109) 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.