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Concerns, complaints and notifications

The Dental Council receives concerns, complaints and notifications about oral health practitioners from patients, members of the public, employers, colleagues, and other agencies. These matters may relate to a practitioner's competence, health or conduct. 

We carefully assess all information received and determine whether any action is required to protect the public. Each matter is considered on its individual circumstances, and any response will be proportionate to the information available. 

Under the Code of Health and Disability Services Consumers' Rights (the Code), every patient has the right to make a complaint about the healthcare services they receive.

A complaint can be made to:

  • the practitioner involved
  • the provider or organisation where the services were delivered
  • an independent health and disability advocate
  • the Health and Disability Commissioner (HDC)

For many concerns, the HDC encourages patients to raise the issue directly with the provider first, where appropriate.

Oral health practitioners must have processes in place to manage complaints fairly, promptly, and effectively.

You must:

  • facilitate a fair, simple, speedy, and efficient complaints process
  • keep the patient informed about progress, at least monthly
  • continue to uphold all rights in the Code while the complaint is being addressed
  • document the complaint and any actions taken in response to the complaint.

Unless you are an employee of a health provider that manages complaints on your behalf, your complaints process must ensure that:

  • complaints are acknowledged in writing within five working days, unless resolved sooner
  • patients are informed about available internal and external complaints processes
  • patients are advised about independent advocacy services and the HDC
  • relevant information is made available to the patient

Following consideration of a complaint, you should advise the patient of your decision, the reasons for it, and any actions you intend to take.

Failure to comply with the Code may result in investigation by the HDC.

If we receive a complaint about an oral health practitioner that relates to a patient, the complaint will generally be referred to the HDC in the first instance.

While the HDC is considering the complaint, the Council cannot take action on any conduct issues arising from the matter. However, if competence or health concerns are also identified, the Council may consider those separately.

The HDC will consider the complaint and decide what action, if any, is appropriate. This may include taking no further action, referring the matter to the Director of Proceedings, or referring the complaint to the Dental Council for further consideration.

If a complaint is referred to the Council, we will assess the matter and determine the appropriate action.

Some complaints do not relate directly to patient care and may be considered by the Council in the first instance.

These concerns may include allegations that a practitioner has:

  • practised outside their scope of practice
  • practised without a current practising certificate
  • engaged in conduct that may amount to a disciplinary offence
  • been convicted of an offence by a court

The Council will assess the matter and determine the appropriate action.

The Council’s primary responsibility is to protect public safety.

Under the HPCA Act, the Council assesses information it receives about practitioners to determine whether the concerns relate primarily to competence, conduct, or health. This helps the Council determine the most appropriate process for considering the concerns and whether any action is required.

Competence: is the practitioner competent to practise safely and effectively?

Health: is a physical or mental health issue affecting the practitioner's ability to practise safely?

Conduct: Has the practitioner's behaviour, ethics, or professional standards fallen below expectations?

Learn more about how the Council manages competence, health or conduct concerns using the quick link.

The Council may receive information from people who wish to remain anonymous.

While the Council will not usually take formal action based solely on anonymous information, it may consider such information where it raises serious or credible concerns, or where there are legitimate reasons to protect the source's identity. 

The Council will always consider fairness to the practitioner and their ability to respond to any concerns raised. Anonymous information is retained securely and may be considered alongside any further information received about the same practitioner.

Contact us with your concern or complaint about a practitioner

If you have concerns about an oral health practitioner, contact us. We’ll acknowledge your inquiry and advise you on the next steps.