Code of Practice — Making a complaint
The ethical promotion of dental products is central to the trust-based framework within which dentists and oral healthcare professionals advise and treat patients and the framework for industry promotion is set out in the Code of Practice published by the Australian Dental Industry Association (ADIA). Although ADIA works with businesses bound by the Code with a view to helping them understand and comply with the Code, it is understood that regrettably the occasional breach may occur.
The Code includes mechanisms for dealing with complaints about conduct by companies. Any person can make a complaint against a business that is covered by the ADIA Code of Practice and the following guidance is offered to those wishing to do so:
Guidance on making a complaint —
||Verify that the business is covered by the Code:
Businesses covered by the Code are those that are ADIA members and / or those participating in an exhibition managed by ADIA.
Determine whether the principles have been breached:
You will need to review the underpinning principles within the Code to ascertain whether the action is inconsistent these principles as, in most instances, a general allegation of misconduct will not be progressed.
||Collect supporting evidence:
To assist the Code Complaints Committee make a determination on the matter, you will need to collect supporting evidence that supports your allegation. Such evidence may include magazine advertisements, promotional literature and website content (if referring to website content please print copies of the material in question).
||Lodge your complaint:
You will need to write to ADIA with your complaint in a way that clearly identifies that it is a formal complaint, the business that you believe is breaching the Code and how you believe the promotional activity is inconsistent with the principles of the Code. [Download The Complaint Form]
If the matter that is brought-forward by the Complainant is, at any time, the subject of litigation between the Complainant, or either the Complainant and the Respondent has intimated in writing that litigation concerning the matter is pending, the ADIA Board may direct the ADIA-CCC Code Complaints Committee to either suspend or terminate its consideration of the Complaint.
Guidance for advertising complaints —
The Code applies to advertisements directed exclusively to dental and oral healthcare professionals.
Complaints that allege an advertisement is false or misleading should be directed to the Australian Competition and Consumer Commission (ACCC) which has responsibility for enforcing the Competition and Consumer Act (Cth) 2010.
Advertisements directed to consumers (e.g. patients and households) are regulated by the Therapeutic Goods Advertising Code rather than this Code.
Guidance for industry complainants —
Industry complainants (e.g. between ADIA member businesses) must first approach the business whose behavior, or whose employee's behaviour, is the subject of a complaint in order to seek a resolution. An important step is to consider whether mediation may be an appropriate avenue for resolving the matter. If the complaint cannot be resolved between the complainant and the respondent and evidence of this is presented to ADIA, it is only then that the Code Complaints Committee will consider the complaint.
Once you have identified that the business is bound by the Code and that the promotional activity is likely to be inconsistent with the specific provisions in the Code, please complete the cover sheet from the link below:
Documentation to use when lodging a complaint —
ADIA Code - Complaints cover sheet [PDF]
Be sure to include all attachments then direct your written complaint to:
ADIA Code Complaints Committee
a: GPO Box 960, Sydney, NSW, 2001
Anonymous complaints will not be considered; however, a consumer or non-industry complainant may elect, on application to the Code Complaints Committee, to have their name or identity suppressed in correspondence with the respondent, or from public release. This will not necessarily prevent the complaint's details from being released in the event of legal action.
Member Engagement —
ADIA provides leadership, strategy, advocacy and support. Our members set our agenda, fund our activities and directly benefit from the results. The ADIA Code of Practice was endorsed by members at an annual general meeting held in 2014 and members serving on the ADIA-CAC Code Administration Committee periodically review issues associated with its implementation.
Further Information —
To keep up to date on issues associated with the ADIA Code of Practice you can subscribe to the Twitter feed @AusDental or follow us on Facebook at www.facebook.com/dental.industry. Alternatively, you can contact the Association via email at email@example.com or by telephone on 1300 943 094.
This information is available for your use under a Creative Commons Attribution 3.0 Australia licence, with the exception of the ADIA logo, other images and where otherwise stated.
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