1. Position Summary
Whilst the interests of the patient are paramount during dental treatment, consideration and support must also be given to dentists subject to any complaint investigation. The means conciliation should be made available as a primary response to a formal written complaint where appropriate.
2. Position
2.1 The ADA, in consultation with other stakeholders, should determine professional and ethical
guidelines applicable to the practice of dentistry in Australia.
2.2 The ADA should support members in providing the highest quality dental care within their scope of practice.
2.3 Whilst the quality and safety of dental care provided are paramount, consideration and support must also be given to dentists subject to any complaint investigation.
2.4 In the first instance, the ADA should provide a mechanism to resolve a dispute where a member of the ADA is the subject of a potential or actual formal complaint about that member’s conduct, performance or standards in the provision of services.
2.5 On matters of general advice, ethical issues and other disputes not involving professional indemnity, ADA advice should be available to all members.
2.6 The means for conciliation should be made available by the Branches as a primary response to a
formal written complaint where appropriate.
2.7 In matters requiring adjudication, preference should be given to peer review mechanisms, ensuring assessment is conducted by professionals with equivalent qualifications and expertise to the practitioner involved, allowing for a qualified evaluation of the appropriateness and quality of care.
3. Background
3.1 The Australian Dental Association (ADA) and its Branches have Codes of Ethics or similar codes of behaviour for their members and the Board has a Code of Conduct for all dental practitioners.
3.2 Each state and territory has specific legislation and regulatory bodies governing the complaint
resolution process, leading to variations in procedures and outcomes.
3.3 ADA recognises it has a number of obligations with respect to complaints concerning professional behaviour of its members including conduct, performance and standards in the provision of dental services.
3.4 Where complaints are dealt with at a State and Territory locality, it remains appropriate and practical for complaints and disciplinary processes to be managed by the Branches.
3.5 Members' indemnity arrangements may restrict the extent to which the Branches can deal with
complaints against members.
3.6 Depending on the nature of the complaints or notifications, the matter may be dealt with informally by the Branches or formally referred to the appropriate indemnity insurer.
3.7 The ADA, through its Branches may provide an avenue for conciliation in addition to or in liaison
with the Board and other statutory authorities.
3.8 Conciliation may not be appropriate for all matters.
4. Definitions
4.1 ADJUDICATION/ARBITRATION is a formal process by a court or tribunal to settle a dispute between a patient and their dentist.
4.2 BOARD is the Dental Board of Australia.
4.3 CONCILIATION is a voluntary process which attempts to resolve differences between dentists and complainants without recourse to adjudication or arbitration.
4.4 NATIONAL LAW is the Health Practitioner Regulation National Law Act 2009 as in force in each state and territory.
4.5 STATUTORY AUTHORITIES are Federal, State or Territory regulatory bodies that deal with complaints and conciliate and adjudicate on professional dental behaviour.
5. Last review
June 2025
6. Next review due
June 2030
This Policy Statement is linked to other Policy Statement: 5.5 Funding Agencies, 5.7 Professional Indemnity, 5.8 Dental Acts, the National Law and Boards, 5.15 Consent to Treatment, 5.16 Informed Financial Consent & 6.5.2 Professional Boundaries