When you have a complaint that is being managed by the Dental Council of NSW, there are a number of outcomes that may result. One of them is a recommendation for Counselling. Below are some frequently asked questions to assist you in understanding the process, and these should be read in conjunction with the Dental Council of NSW’s Counselling Fact Sheet (which is attached).
1. Is Counselling a disciplinary procedure?
No, it is not. However, the importance of the interview session should not be underestimated. Poor outcomes can lead to recommendations for disciplinary hearings, which are best avoided.
2. Is my attendance at the interview compulsory?
Your attendance is strongly recommended. If you do not attend, it is likely that further action will ensue.
3. Why does the Dental Council recommend Counselling as an option?
The recommendation for Counselling can occur when the Dental Council feels that the issues raised through a complaint could have been managed better.
The Counselling interview takes the form of a ‘guided discussion’.
The interviewers want to ensure that you are practising appropriately and according to professional standards, and that you are appropriately prioritising the safety of the public.
4. Where are the Counselling sessions held?
Counselling sessions are held at the offices of the Dental Council of NSW at Level 6 (North Wing) 477 Pitt St, Sydney NSW 2000.
5. Who are the Counsellors?
They are generally one or more experienced dentist(s), and can also include a community representative.
6. Am I entitled to support?
You may bring a support person with you to the interview, but they are not entitled to speak for you. Peer Advisors do not attend Counselling sessions with practitioners unless there are exceptional circumstances.
7. What is the format of Counselling?
Questions will be asked of you that originate from the circumstances of your complaint. Recommendations are often made on conclusion; these may include the attendance of courses, the submission of de-identified patient records, or you may be asked to provide a ‘reflection document’.
8. Are my memberships and connections in Dentistry important?
Yes, they are very important. The Dental Council wants to be reassured that you are not practicing in isolation. They are keen to see that you interact with colleagues, refer patients to specialists where appropriate and attend continuing professional development (N.B. ‘hands on’ programmes are favourably considered). Don’t be afraid to mention your ADA membership and the fact that you seek support from Advisory Services when appropriate. Have a list of the specialists you refer to on hand, and also mention any study groups or clubs you belong to. If you are not a member of your local study group, use this as the impetus to join.
9. How relevant is the bundle of documents that have been provided to me two weeks before the Interview?
The documents are highly relevant, and it is strongly recommended that you are very familiar with every aspect of their contents. These are the documents that will be referred to throughout the session. Any page could become the focus of the discussion.
10. How long will the Counselling session last? Do I need to cancel my patients?
Generally speaking, the Counselling session will last about one hour, but depending on the issues addressed, it may well go longer. It is also possible that the interviewers may be running late. Advisory Services recommend that you consider allocating at least a morning or an afternoon to the process.
11. What type of questions are normally asked in the Counselling session?
You will be asked general background questions about yourself and the nature of your practice. You will be asked about staff who work with you and who assist you. You will be asked about the demographic of your practice, and the type of dentistry you enjoy performing eg oral surgery /endodontics/ implants/ general dentistry. In any interaction with the Dental Council, it is wise to review the infection control protocols in the practice. The complaint itself will be the focus of the interviewers, and you must be completely across the issues it raises. Ensure you have discussed them with a Peer Advisor prior to your Counselling session.
12. When will I know the outcome of the Counselling session?
Usually, practitioners are verbally informed at the conclusion of the session, particularly in circumstances where the outcome is favourable. Occasionally the outcome is delayed until the written advice is sent out, and this may take a few weeks.
13. What can I do to improve the possibility of a favourable outcome?
Be well prepared, and ensure you are familiar with the complaint and your management.
Be honest with yourself (in the first instance) regarding the management of the case and of the patient, and focus genuinely on ways that you can improve in whichever area you identify as needing improvement. You should not be afraid to communicate with the Council your efforts to improve the way you practice and or communicate, or to express what you might have done differently in hindsight. Honesty should not be conveyed in an unprofessional manner. Your conduct at the session, and how you communicate and interact with the panel is also being reviewed.
Ensure your Continuing Professional Development (CPD) is up to date, particularly in the areas that are addressed in your particular complaint. Record Keeping and Treatment Planning shortcomings come up very regularly, as does Infection Control knowledge and compliance.
Communicate with a Peer Advisor to discuss suitable courses to enrol in immediately. Make a plan for your future CPD for at least the next twelve months, but even extending to the remainder of the CPD cycle. The course(s) you choose must address any relevant issues raised, but also consider diversifying to include a broad range of topics. Do not restrict your learning to a single area of study.
14. Is there anything that I shouldn’t do?
It is not usually helpful to argue the point over established shortcomings in this forum. The interviewers are looking for a recognition of errors, and an indication that the practitioner has developed an insight into any issues. They are seeking reassurance that the practitioner understands what could have been handled better, and has taken appropriate steps to ensure a better approach in the future.
Disclaimer: This is one of a series of Advisory Services information sheets created by ADA NSW. They are intended as general guides that highlight key pieces of information frequently requested. They do not set out to provide comprehensive information about a topic and they are not legal advice. Please be mindful that information provided in these resources can change after the publication date.