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A SUMMARY OF THE OPTICAL DISPENSERS ACT 1963
OPTICAL DISPENSERS ACT 1963 & OPTICAL DISPENSERS REGULATION 2007
The New South Wales Optical Dispensers Licensing Board is constituted under the Optical Dispensers Act 1963.
Functions
The functions of the Board (under s20) are:
- To issue, suspend or cancel licences under the Act and to annul any suspension or cancellation;
- To recommend the course of training to be undertaken and the examinations to be completed by persons wishing to become optical dispensers;
- To arrange for the conduct of such course of training and examinations; and
- To provide an avenue of complaint for matters of professional misconduct of optical dispensers.
The Optical Dispensers Licensing Board consists of seven members who are nominated (under s6) as follows:
- One by the Minister for Health;
- An optical dispenser nominated by the Guild of Dispensing Opticians;
- An optometrist nominated by the Board of Optometrical Registration;
- A registered medical practitioner practising as an ophthalmologist nominated by the NSW Branch of the Australian Medical Association;
- An optical dispenser nominated by the Association of Spectacle Makers;
- An optical dispenser nominated by the Australian Association of Dispensing Opticians; and
- A representative of the Department of Health.
Under s2 of the Act, optical dispensing means the doing or performing of any of the following:
- The interpretation of dispensing of prescriptions for optical appliances;
- The taking of facial measurements for optical appliances;
- The fitting of an optical appliance for the purpose of the sale thereof; and
- The sale of optical appliances including plano (coloured/novelty) contact lenses.
Board Meeting
The Board meets on the third Wednesday of every month to consider applications for licence and other matters that come before it.
Complaints
Anyone can make a complaint against an optical dispenser. The Board is required to consult with the Health Care Complaints Commission about how a complaint will be dealt with (s25A). Complaints should be made in writing and addressed to the Secretary (reg 13).
Disciplinary Action
The Board has the power under s25 to reprimand, caution or remove from the register a person who, after enquiry, is found to be:
- guilty of habitual drunkenness or of addiction to any deleterious drug; or
- guilty of misconduct in his or her practice as an optical dispenser which renders him or her unfit in the public interest to practise optical dispensing; or
- convicted of a felony or misdemeanour which from the circumstances renders the person unfit in the public interest to practice optical dispensing.
Use of Other Titles
No optical dispenser shall, without the consent of the Board, take or use any title or description other than optical dispenser in connection with the carrying out of optical dispensing (s29).
Practice by Unlicensed Persons
It is an offence for any person other than an optical dispenser, an optical dispensing student who has been granted an approval to practise, optometrist or medical practitioner, to carry out any of the duties of an optical dispenser (ss3, 28).
Approval to Practise
Approval to Practise is granted to a student of OTEN or TAFE Sydney Institute to enable him or her to gain practical experience whilst under the supervision of a registered optical dispenser or optometrist.
A supervisor is responsible for the practical training of a student. As such the supervisor should be in attendance and available to teach and train the student. The supervisor is ultimately responsible for the correct dispensing of the optical appliances.
Annual Renewal of Licence
A registered optical dispenser must pay an annual renewal fee each year prior to 30 June to maintain his or her license. Failure to do so will result in the optical dispenser’s name being removed from the Register (s23). Until the optical dispenser’s name is restored to the Register it is an offence under the Act to carry out optical dispensing.
Display of Licence
The person in charge of an optical dispensing practice at any premises for a period in excess of 30 days must display their licence in a prominent position in the premises (reg 8).
Restoration to the Register
The Board may restore the name of an optical dispenser to the Register on submission of a completed application form and payment of the restoration fee (s26).
Mutual Recognition
A Registration Board for optical dispensers exists in New Zealand.
The Trans-Tasman Mutual Recognition Act 1996 (based on recognition of registration rather than qualifications) applies between NSW and New Zealand where registration applies.
Applicants must provide evidence of their current registration in either NSW or New Zealand to apply for registration under Trans-Tasman Mutual Recognition in another.
Application forms for licensing are available from this website or obtained from the Board.
Copies of the Optical Dispensers Act 1963 and Regulations are available from the Australasian Legal Information Institute website.