COMPLAINTS

Making a complaint about a dental technician or a dental prosthetist

Registered dental technicians and dental prosthetists are expected to maintain appropriate standards of professional conduct.  Should a dental technician or dental prosthetist fail to maintain the expected standard of professional conduct, then a complaint may be lodged concerning that dental technician or dental prosthetist.

Who may lodge complaints?

Any person may lodge a complaint.

What constitutes a complaint?

Complaints must be made in writing.

With whom are complaints lodged?

Complaints may be lodged with either the Secretary of the Board, or with the Health Care Complaints Commission, the independent statutory body created by the Health Care Complaints Act 1993.

The contact details of the HCCC are as follows.

What happens after a complaint is lodged?

Irrespective of which organisation receives a complaint, the Board and the HCCC are required to advise each other of complaints received and consult with each other in assessing how the complaint should be dealt with.  For this purpose the Board has established a Complaints Committee to consult with a representative of the HCCC in assessing complaints, and delegated to the Committee the authority to make decisions with respect to complaints.  Generally, the following are the range of options available to the Board and the HCCC in assessing complaints.

• Request further particulars.

The complainant may be requested to elaborate on the complaint.

• Discontinue dealing with.

The complaint may be considered trivial, frivolous, or vexatious.

• Refer to the Director-General of the NSW Health Department.

The complaint may be referred to the Health Department for consideration.

• Refer to another person or body.

The complaint may be referred to another organisation for consideration.

• Refer for conciliation.

The complaint may be referred to the Health Conciliation Registry, the statutory body created by the Health Care Complaints Act to conciliate complaints referred to it by the HCCC.  Both the complainant and the practitioner the subject of the complaint must agree to this course of action.

• Refer for investigation:preliminary inquiries.

If the complaint provides insufficient basis on which to make a decision it may be referred for an investigation by the HCCC.  The complaint would be reassessed upon receipt of the further information.

• Refer for investigation.

The complaint may be referred for an investigation by the HCCC.

• Refer for direct resolution.

The matter may be referred to the practitioner concerned for direct resolution with the complainant.

Is the practitioner notified?

Irrespective of whether the complaint is made to the Board or the HCCC, the Health Care Complaints Act provides for the HCCC to give written notice of the complaint to the practitioner concerned.  Notification may be delayed if notification would prejudice the investigation or place a client or the complainant at risk.

What happens after a complaint is investigated?

After the HCCC has completed its investigations of matters referred to it for that purpose, the results of the investigation are the subject of further consultation between the HCCC and the Board's Complaints Committee.  Generally, the following are the range of options available to the Board and the HCCC following an investigation.

• Further action not warranted

There may be no evidence which would provide grounds for disciplinary action, which raises a significant issue of public health and safety, or which raises a significant question as to appropriate care or treatment.

• Adverse comment

The HCCC uses peer reviewers to provide advice concerning the conduct complained of.  In cases where a peer reviewer makes adverse comments relating to the practitioner's conduct, insufficient to warrant a disciplinary inquiry, the HCCC may write to the practitioner concerned and advise him or her of the peer reviewer's adverse comments.

• Counselling

In cases where a peer reviewer makes adverse comments relating to the practitioner's conduct, insufficient to warrant a disciplinary inquiry, the Committee may direct the practitioner concerned to attend a meeting of the Board, or the Complaints Committee, for counselling.

• Disciplinary inquiry

The matter may be referred to the Board, or the Board's delegate, for an inquiry under section 20 of the Dental Technicians Registration Act.  In such cases the HCCC would normally assume the role of nominal complainant. 

In conducting an inquiry the Board, or the Board's delegate, sits as in open court, and the practitioner concerned is entitled to be  represented by a barrister, solicitor, or other adviser.  Witnesses may be required to give evidence on oath.

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