Complaints

The Dental Board investigates complaints pursuant to Section 44 Dental Practice Act 2001, and pursuant to Section 48 must be in writing and should be addressed to:

The Registrar
Dental Board of New South Wales
PO Box K1116, Haymarket, NSW 1240

Complainants alleging criminal behaviour will be advised to refer the complaint to the police. If a police or Director of Public Prosecutions investigation has taken place, but no prosecution launched, the Board reserves the right to investigate the complaint further. Complaints which involve the public interest may be referred to the Health Care Complaints Commission.

Complaints about dental treatment are best made as soon as possible after the event and the Board has discretion not to deal with matters that occurred more than 5 years ago.

What happens when I lodge my complaint?

  1. The Board deals with all complaints by correspondence due to privacy considerations and will not discuss matters over the telephone.

  2. When the Board receives the complaint an acknowledgement is sent to you.  At the same time a copy of your complaint is sent to the dentist (the subject of the complaint).  The dentist has twenty-one days to respond to the complaint and supply records etc. pertaining to the matter.

  3. On receipt of the dentist’s response, your complaint and the response is referred to the next meeting of the Dental Board Complaints Committee, who normally meet on the 1st Friday of the month (with the exception of the month of January).

  4. The Complaints Committee makes an initial assessment of the issues contained in the complaint and decides how it should be managed.  The complaint must involve issues that are defined in the Dental Practice Act, 2001 under the provisions for ‘professional misconduct’ or unsatisfactory professional conduct’.  If, in the opinion of the Complaints Committee, the complaint does not involve issues as defined by the Act, the Committee may recommend to the Dental Board that the complaint be dismissed.

  5. If the issues contained in the complaint involve issues related to clinical treatment or other matters that require more detailed investigation, the complaint is usually referred to the Dental Care Assessment Committee (DCAC) who are appointed by the Minister for Health to investigate treatment complaints.  The members of the DCAC are not members of the Board. 
    When this happens you will receive a second letter advising you that your complaint had been referred to the DCAC.

  6. The Dental Care Assessment Committee will then investigate the matter and may recommend any of the following to the Board to finalise the matter:
        a)  A refund of the fee paid for the failed treatment from the original dentist
        b)  that the dentist undertake continuing education courses
        c)  that the dentist meet with the Board
        d)  that the dentist undergo skills testing
        e)  that the complaint be dismissed
        f)  that the matter be settled by consent.

  7. The Dental Care Assessment Committee may need you to have an independent assessment of the treatment about which you have complained and you will be contacted to arrange such an assessment (which is at no charge to yourself).

  8. Once the DCAC has completed their investigations a report is prepared and a copy is sent to the HCCC, who have 30 days to raise any issues.  Also, if the report is critical of the dentist, a copy is forwarded to the dentist who has 21 days to provide additional information that may be pertinent to the matter.

  9. When all the comments have been received and evaluated, the DCAC make a recommendation to the Dental Board regard the merits of the complaint.

  10. The complaint is then considered by the Board and a decision made. You and the dentist will be informed of the Board’s decision by mail.

  11. As mentioned above, the Board’s jurisdiction is defined by the Dental Practice Act and the complaint must satisfy the conditions set out in Appendix A of this document for unsatisfactory professional conduct or professional misconduct.

    Any complaint that, after investigation, is found to raise no such issues must be dismissed and the matter closed.

  12. If the Board has decided to award a refund of fees, a bank cheque for the appropriate amount will be obtained from the dentist and forwarded to yourself.

  13. It must be emphasized that the Board has no powers to award compensation under the Act.  The Act only allows for a refund of fees to a patient for the imposition of a penalty on a dentist.

    If your complaint primarily concerns financial or billing matters, you may be able to report you complaint to the Consumer, Trader and Tenancy Tribunal (CTTT) who handle such consumer-related complaints.

  14. The Health Care Complaints Commission (HCCC) and the Dental Board must consult on the action to be taken in regard to complaints received by either body.  The HCCC has overriding legislation and has the power to handle the investigation of a dental complaint themselves.

  15. In most cases, the Board and the HCCC agree that, on the information available, a complaint should be referred to the Board rather than being investigated by the Commission and the above procedures are followed by the Board.

However, for some matters, it is deemed appropriate that the HCCC should carry out the investigation.  These would often involve more serious matters which might lead to disciplinary proceedings under the Act.  A matter being investigated by the Board may be referred back to the HCCC at any time for completion of the investigation.

Appendix A

The relevant provisions of the Dental Practice Act, 2001 regarding professional misconduct and unsatisfactory professional conduct.

Meaning of “professional misconduct” (Section 40)

For the purposes of this Act, professional misconduct, in relation to a registered dental care provider, means unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation of the dental care provider’s registration.


Meaning of “unsatisfactory professional conduct” – dentists (Section 41)

For the purposes of this Act, unsatisfactory professional conduct, in relation to a registered dentist, includes any of the following: (abridged)

  1. Any conduct by the dentist that demonstrates a lack of adequate knowledge, skill, judgment or care in the practice of dentistry.
  2. Any other improper or unethical conduct by a dentist in the course of the practice or purported practice of dentistry.
  3. Engaging in overservicing.  A dentist engages in overservicing if the dentist, in the course of professional practice:
        a) provides a service in circumstances in which provision of the service is unnecessary, not reasonably required or excessive, or
        b)  engages in conduct that is prescribed by the regulations as constituting overservicing.


Meaning of “unsatisfactory professional conduct” – dental auxiliaries (Section 42)

For the purposes of this Act, unsatisfactory professional conduct, in relation to a registered dental auxiliary, includes any of the following: (abridged)

  1. any conduct by the dental auxiliary that demonstrates a lack of adequate knowledge, skill, judgment or care in the carrying out of dental auxiliary activities,
  2. any other improper or unethical conduct by a dental auxiliary in the course of the carrying out or purported carrying out of dental auxiliary activities.

Complaints must be in writing. For the processing of your complaint please print off the form below. Complete it, sign it and post it to this office with any extra information you have (xrays, photos, receipts, etc). If you have sought a second opinion please enclose a copy of this dentists findings, or the name of the dentist.

Complaint Form

Click Here for information about the Health Care Complaints Commission

 
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