When things go wrong, and official sources
Dental treatment problems and complaints in Australia: where to go and in what order
How to raise a problem with a dentist in Australia, from the practice to Ahpra, state health complaints bodies, consumer law agencies, tribunals and the health insurance ombudsman.
If something goes wrong with dental treatment in Australia, start by raising it in writing with the practice. If that does not resolve it, the right body depends on the kind of problem: concerns about a practitioner's care, conduct or safety go to Ahpra and the Dental Board of Australia, or to your state's health complaints entity (in NSW the Health Care Complaints Commission, in Queensland the Office of the Health Ombudsman, which run their own processes); billing, refund and contract disputes can go to your state's consumer affairs or fair trading agency and, if needed, a civil tribunal; and problems with your health fund's benefit go to the Private Health Insurance Ombudsman. Many complaints touch more than one body. This guide sets out the routes and what each can and cannot do. It is general information, not legal advice.
Step 1: raise it with the practice
Most problems are resolved here. Put it in writing and keep a copy:
- what was planned, what was done, and what went wrong
- dates, item numbers and amounts paid
- what you want: an explanation, a review appointment, corrective treatment, a refund, or a fee adjustment
- a reasonable date to reply by
Ask for a copy of your records, including X-rays and scans; you may need them for a second opinion or a complaint.
Step 2: choose the right external body
| Problem | Body | What it can do |
|---|---|---|
| Unsafe or poor care, unprofessional conduct, impairment, practising beyond scope (outside NSW and Queensland) | Ahpra, working with the Dental Board of Australia | Assess the concern and take regulatory action about the practitioner, such as conditions or cautions; it does not order refunds or compensation |
| Same, in NSW | Health Care Complaints Commission, working with the Dental Council of NSW | Assess, resolve or investigate health service complaints; prosecute serious matters |
| Same, in Queensland | Office of the Health Ombudsman | Receives all health service complaints in Queensland; refers some matters to Ahpra |
| Health service complaints in other states and territories (including communication, fees and access) | State or territory health complaints entity, for example the Health Complaints Commissioner (Victoria) or the Health and Disability Services Complaints Office (Western Australia) | Conciliation or resolution between you and the provider; some can investigate |
| Billing disputes, refunds, misleading claims, services not provided with due care and skill | State or territory consumer affairs or fair trading agency; ACCC for national issues | Information, sometimes conciliation; consumer guarantees under the Australian Consumer Law |
| Unresolved money claim | State or territory civil tribunal or local court (for example NCAT, VCAT, QCAT) | Order payment within its jurisdiction and limits |
| Health fund benefit or claim problem | Private Health Insurance Ombudsman (part of the Commonwealth Ombudsman) | Independent complaint handling about health insurers |
| Misleading health advertising | Ahpra (advertising complaints) | Action against regulated practitioners' advertising |
Ahpra's own guidance notes that NSW and Queensland have a unique process: in those states, start with the HCCC or the OHO respectively.
What consumer law means for dental services
The Australian Consumer Law includes consumer guarantees for services: services must be provided with due care and skill, be fit for any purpose you made known, and be supplied within a reasonable time where no time was agreed. Clinical outcomes in health care are never guaranteed, so a disappointing result is not automatically a breach. But if a service was not provided with due care and skill, you may be entitled to a remedy. Consumer agencies can explain your options. For a serious injury, compensation is generally a legal claim, so get advice from a lawyer or a community legal centre and note that time limits apply.
Keep a record
| Keep | Why |
|---|---|
| Written treatment plan and quote | Shows what was agreed |
| Invoices and receipts with item numbers | Shows what was charged |
| Health fund statements | Shows benefits paid |
| Copies of records, X-rays and scans | Needed for second opinions and complaints |
| Photos of the problem, with dates | Supports your account |
| Notes of calls and appointments | Dates, names, what was said |
| Second opinion in writing | Independent view of what happened |
Common problems and where they are covered
- Implant failed or needs redoing: implant failure and redo costs
- Treatment overseas went wrong: dental implants overseas
- Fund paid less than expected or refused: health fund dental claim disputes
- Advertised price did not match the bill: cheap dental implant ads: red flags
- Checking figures and rules yourself: official sources for dental costs
Frequently asked questions
Can Ahpra get me a refund?
No. Ahpra and the National Boards deal with practitioner conduct, performance and health to protect the public. For a refund or compensation, use the practice, a health complaints entity's conciliation, consumer affairs, a tribunal or a legal claim.
Is there a time limit to complain?
Health complaints entities and courts have their own time limits, and legal claims have limitation periods. Complain as soon as you can.
Can I complain anonymously?
Some bodies accept anonymous concerns, but this limits what they can do. Check with the body.
Will complaining affect my treatment?
You can ask another practitioner for a second opinion or ongoing care. Practitioners are expected to act professionally when a complaint is made.
Sources
- Ahpra — raising a concern about a health practitioner, including the NSW and Queensland process
- Dental Board of Australia — standards and code of conduct
- Health Care Complaints Commission (NSW) — NSW health complaints
- Office of the Health Ombudsman (Queensland) — Queensland health complaints
- Health Complaints Commissioner (Victoria) — Victorian health complaints
- Health and Disability Services Complaints Office (WA) — WA health complaints
- Commonwealth Ombudsman — Private Health Insurance Ombudsman
- ACCC — consumer guarantees under the Australian Consumer Law