April 2025 Newsletter

Message from the President

Welcome to our first newsletter for 2025!

Sadly the beginning of this year brought into the spotlight a troubling and highly publicised case, involving 2 registered nurses who made abhorrent comments via social media. 

As a part of the regulatory system, it was very pleasing that swift action was taken to protect the health and safety of the NSW public, to maintain the integrity of the health care system and to ensure public trust.

I know that our members strive to provide the best possible care to their patients. This commitment and care is demonstrated on a daily basis which makes me very proud to be fellow dental practitioner.

This case is also a timely reminder of our professional obligations as registered dental practitioners regarding the use of social media. Based on recent events, Ahpra and the National Boards have updated their social media guidance to help health practitioners understand and meet their obligations which I encourage you to review. They have also issued a joint statement on discrimination and racism which you can read more about later in this newsletter. 

Recently the Council met with a number of our dental stakeholders who are involved in the regulation, education and/or support of dental practitioners in NSW. This successful event focused on all of us working together to protect the public.

Other interesting articles in this edition include a follow up article from our December newsletter about the review of complaints received in 2022 focusing on the findings and common themes.  

We have also included articles on vexatious and anonymous complaints, as well as your obligations when it comes to modifying records and lodging a notice of certain events.

Please enjoy this edition of the newsletter! 

Kind regards

Deb

Adjunct Professor Deborah Cockrell AM

President

Ahpra and National Boards joint statement on discrimination and racism 

On 21 February 2025, Ahpra and the National Boards released a joint statement reiterating that there is no place for discrimination, racism or intolerance in healthcare. The Council strongly supports this statement.

Dental practitioners are reminded that we all have professional obligations under the shared Code of conduct to ensure that the care we provide is free of discrimination and racism. Breaches of the Code may lead to regulatory action being taken by the Council.

We all have a responsibility to ensure our patients receive safe healthcare and that the community’s trust in us and the care we deliver is maintained.

Council stakeholder event

On 11 April 2025, the Council brought together a number of our stakeholders to share information on our individual roles in regulating, educating and supporting practitioners as well as students. In previous years, a number of our stakeholders were invited to Council meetings to report on their work and to learn more about the Council’s role. We have never attempted to meet with everyone together, so we are delighted that the feedback we received was extremely positive!

The theme for the event was Working together for public safety. This event aligned with the NSW Health Professional Councils and HPCA Joint Strategy, that prioritises the strengthening of relationships between regulatory partners and other stakeholders. 

Representatives included our regulatory partners, education bodies, professional associations, professional indemnifiers and staff of the Health Professional Councils Authority as well as the NSW Ministry of Health.

The day allowed for stakeholders to update and share information on their roles, their current work and how this impacts the protection of the public; the delivery of safe care, and/or practitioner and student education.

This event also gave the opportunity for the Council to share with our stakeholders more information on our regulatory function and its important role in public protection.

Deborah Cockrell – President, Dental Council of NSW

From L to R: Colin Borg (Executive Officer, Dental Council of NSW); Maja Doma (Executive Officer, Dental Board of Australia); Deborah Cockrell (President, Dental Council of NSW); Simon Shanahan (Chair, Dental Board of Australia); Carol Nader (NSW State Manager, Ahpra);  & John Tansey (Commissioner, Health Care Complaints Commission).

Review of complaints in 2022 and outcomes

You may recall that in our December 2024 newsletter, we included a review of complaints undertaken in 2022. We also included a teaser and said we would summarise the findings in the next edition of the newsletter which we are pleased to share with you now.

In relation to the findings from the investigation of these complaints, a number of common themes were identified as summarised below.

Vexatious and anonymous complaints

The Health Practitioner Regulation National Law 2009 (NSW) (‘National Law’) provides that any person can make a complaint. In this article we look at the meaning of vexatious and anonymous complaints as well as how they are managed. 

When assessing and managing a complaint, the Council considers and identifies:-

• the details of the complaint
• any risks or concerns that may exist for the public and 
• the practitioner’s response to the complaint.

Vexatious complaints

A vexatious complaint is defined as ‘a groundless complaint made with an adverse primary intent to cause distress, detriment or harassment to the subject.’ [1] Researchers have found vexatious complaints to be rare. [2]

The HCCC, with whom the Council consults following receipt of a complaint, under the HCC Act 1993 (NSW), have the power to discontinue a complaint that is deemed ‘frivolous, vexatious or not made in good faith’.[3]

Regulatory bodies such as the Council are aware of the toll that a vexatious complaint may take on a dental practitioner. 

If you believe you are the subject of a vexatious complaint, it is important that you outline your reasoning in your response to the complaint, including why you think the complaint is vexatious, what pre-existing circumstances and/or relationship may have existed to have triggered such a complaint and any other supporting information.

Anonymous complaints

As mentioned, any person in NSW can make a complaint. Notably, the National Law does not require a complainant to identify themselves. Complainants may also request that their name be withheld from the practitioner. A person may not wish to identify themselves for legitimate reasons, including fear of reprisal or concerns for personal safety.

The Council deals with anonymous and name withheld complaints in the same way as any other complaint. However, the Council cannot have the professional performance of a practitioner assessed based only on an anonymous notification (National Law 154B (2)). 

The Council is unlikely to take action against a practitioner on the basis of an anonymous complaint if that complaint provides insufficient information or where there is no ongoing risk to the public. 

Conclusion

The Council understands that being the subject of and responding to complaints can be very stressful and unsettling. Practitioners should be aware that the Council recognises the existence of vexatious complaints and once identified, processes are in place to deal with them fairly and quickly. 

If you are the subject of a complaint, your professional association or indemnifier should be able to provide support throughout the process. Dental Practitioner Support (dpsupport.org.au) is also available to help practitioners during stressful times and events.

[1] J Morris, R Canaway. M Bismark, Reducing, identifying and managing vexatious complaints, University of Melbourne, November 2017.

[2] Ibid.

[3] s 27(1)(a).

Modifying health records and practitioner obligations

Accurate and complete patient records are essential for continuity of care, dento-legal protection and professional accountability. Whether maintained on paper or electronically, it is a legal document that must reflect the truth of what occurred during patient care.

Entries should generally be made by those collecting the information or present when the information was collected. This must also be documented in the patient’s health record - each entry should contain a clear and legible notation of the practitioner’s name and designation, the date and time and should be signed by the dental practitioner.

Dental practitioners may sometimes find it necessary to correct or update a record. Acceptable modifications include fixing factual errors, clarifying ambiguous notes, or adding information that was omitted at the time of the original entry. These changes should always be made carefully, with the original entry preserved. Any amendment must be clearly dated, timed and signed (either physically or electronically). 

Dental practitioners should be aware that the integrity of records is often central in regulatory complaints or legal claims. Notes should be contemporaneous and written at or shortly after the clinical interaction. To avoid risks associated with modifying dental records, clinicians should create clear policies for how and when records may be amended, keep original entries intact, ensuring all changes are transparent and traceable.

The importance of accuracy in health records is a critical aspect of health service provision and a requirement under legislation. The health record is an essential part of treatment planning and decision making. It is important that it is accurate and up to date. Accurate record keeping reflects professionalism and helps ensure the best possible care for patients. It also helps support the practitioner should they become involved in a regulatory complaint or legal action. Maintaining the integrity of dental records is good practice and a cornerstone of good dental care.

Notice of certain events and your obligations under s.130 of the National Law

Registered dental practitioners and students have a number of obligations under the Health Practitioner Regulation National Law (NSW) (the National Law).  

Through its regulatory work, the Council continues to identify occasions where a practitioner has advised that they were not aware of their specific obligation to notify the Board of a relevant event under s.130 of the National Law. Therefore, the Council thought it timely and appropriate to remind registered dental practitioners of their obligations.

Under s.130 of the National Law, registered dental practitioners and students are obligated to give the Board notice of certain events. Written notice is to be provided to the Board within 7 days after becoming aware that a relevant event has occurred.

For registered dental practitioners a relevant event means:

• you have been charged with an offence punishable by 12 months imprisonment or more
• you have been convicted of or are the subject of a finding of guilt for an offence punishable by imprisonment
• you no longer have appropriate professional indemnity insurance arrangements in place
• your right to practise at a hospital or another facility at which health services are provided is withdrawn or restricted because of your conduct, professional performance or health
• your billing privileges are withdrawn or restricted under the Medicare Australia Act 1973 because of your conduct, professional performance or health
• your authority to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines is cancelled or restricted
• a complaint is made about you to an entity referred to in section 219(1)(a) to (e) of the National Law
• your registration as a health practitioner in another country is suspended or cancelled or made subject to a condition or another restriction.

For registered students a relevant event means:

• you have been charged with an offence punishable by 12 months imprisonment or more
• you have been convicted of or are the subject of a finding of guilt for an offence punishable by imprisonment
• your registration in another country has been suspended or cancelled.

It should be noted that, where a practitioner or student contravenes the requirement to notify the Board, this may constitute behaviour for which health, conduct or performance action may be taken. 

Practitioners and students are required to lodge a notice of certain events with Ahpra using its notice of certain events form.
 

Council education and research grants 

The Council has previously advertised changes to its education and research grants, and in particular that the amount offered for each grant has increased from $10,000 to $20,000 per application.

Each year the call for applications opens on 1 February and closes on 1 May.

To access the Council’s guidelines and application form, please visit our website.

If you didn’t get to apply this year, please make a diary reminder for next year’s applications.

Health and wellbeing support service for dental practitioners

Maintaining our own health and wellbeing is really important. Due to personal and/or professional circumstances we may need some extra support at certain times in our lives. This may include when a complaint has been made about you, which can be a very stressful time. 

The Dental Board of Australia has funded a nationwide health and wellbeing support service - Dental Practitioner Support. This is the first national 24/7 telephone and online service for dental practitioners. It also offers support to dental students, educators, employers, Australian Dental Council exam candidates and concerned family members.

An experienced team of counsellors provides confidential and immediate support, advice and referral on a wide range of health, as well as wellbeing related issues. The service runs independently of the Board and anyone calling does not have to give their name.

If you are experiencing difficulties, the Council strongly encourages you to access this free and anonymous service.

Access Dental Practitioner Support:-
•    1800 377 700
•    dpsupport.org.au