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Practitioner conduct

The Dental Council is responsible for protecting the public by ensuring oral health practitioners meet appropriate professional and ethical standards. 

Where appropriate, the Council may appoint a professional conduct committee (PCC) to investigate a matter. The PCC may then decide whether the matter should be referred to the Health Practitioners Disciplinary Tribunal (HPDT).

What can lead to an investigation into practitioner conduct?

Oral health practitioners are expected to respect patient rights and follow the ethical principles and professional standards described in the Standards framework for oral health practitioners. Failing to provide appropriate care or acting in a way that compromises professional integrity may lead to a disciplinary process.

Concerns about a practitioner’s conduct or the safety of their practice can be raised from various sources, such as employers, colleagues or other health practitioners, members of the public, the Health and Disability Commissioner (HDC), Police, or a court notification of a conviction.

Professional conduct committees

A professional conduct committee (PCC) is an independent statutory committee appointed by the Council to investigate conduct concerns.

A PCC is made up of:

  • two registered oral health practitioners; and
  • one lay member.

A PCC conducts its investigation independently and reports its findings in accordance with the Health Practitioners Competence Assurance Act 2003 (HPCA Act).

A PCC has the power to:

  • gather and assess evidence
  • interview relevant parties
  • appoint investigators or seek legal or expert advice where required
  • make recommendations to the Council
  • determine whether further action is required.

The Council may refer a matter to a PCC in certain circumstances.

Referral to a PCC does not mean a practitioner has breached professional standards. The PCC’s role is to investigate the concerns and determine whether further action is required.

Court convictions

The Council may refer a matter to a PCC when notified that a practitioner has been convicted of:

  • an offence under specified legislation; or
  • an offence punishable by imprisonment for three months or more.

Conduct or safety concerns

The Council may also refer a matter to a PCC where information raises concerns about:

  • a practitioner's conduct
  • the safety of a practitioner's practice.

Information may arise from:

  • a complaint referred by the Health and Disability Commissioner (HDC)
  • information received directly by the Council
  • a notification from an employer, colleague, practitioner, or member of the public.

PCC investigations

A PCC investigates the concerns referred to it and gathers the information necessary to determine whether further action is required.

In assessing conduct concerns, a PCC may consider the clinical practice and competencies set by profession, alongside the the professional standards expected of oral health practitioners in the Council’s standards framework.

Depending on the circumstances, a PCC may:

  • obtain clinical records and other relevant documents
  • seek written information from the practitioner and other parties
  • interview witnesses
  • obtain expert advice
  • seek legal advice where required.

Practitioners are usually given an opportunity to provide information and respond to the concerns before the PCC reaches its conclusions.

After completing its investigation, a PCC may:

  • decide no further action is required
  • make recommendations to the Council, for example to review competence, fitness to practice or scope of practice
  • refer the matter to the Police where appropriate
  • lay a disciplinary charge before the Health Practitioners Disciplinary Tribunal (HPDT).

The outcome will depend on the nature and seriousness of the concerns identified during the investigation.

As the practitioner under investigation, there is no direct cost to you for the PCC process. The cost of the PCC is borne collectively by the profession in which you are registered and is funded through the disciplinary levy.  

This reflects the profession’s collective responsibility to support regulatory processes that uphold public safety and maintain trust in the profession.  

However, if a charge is laid and the HPDT makes an adverse finding, you may be ordered to contribute to the costs of the PCC investigation and the HPDT hearing. Any costs collected are returned to the profession you are registered in. 

While PCCs are independent of the Council, they are subject to the HPCA Act, and bound by the same rules of confidentiality and fair process as the Council. 

Information obtained by a PCC during its investigation is treated as confidential and is only used or disclosed as permitted or required by law (including the HPCA Act).

Appropriate safeguards are in place to protect personal and clinical information from unauthorised access or misuse, and all parties involved are expected to uphold these confidentiality obligations. 

Practitioners are given an opportunity to respond to relevant information, make submissions, and participate in the process before decisions affecting their practice are made by the PCC, as set out in the HPCA Act.

Where applicable, practitioners are advised of any rights of review or appeal in relation to Council decisions. If the Council imposes conditions on a practitioner’s scope of practice, information about those conditions may be published on the public register as required by law. 

Health Practitioner Disciplinary Tribunal decisions

The Health Practitioners Disciplinary Tribunal (HPDT) hears and decides disciplinary charges brought against registered health practitioners. 

HPDT decisions