I need to sue the Australian Dental Council for discriminating me and also for their policies which has affected me mentally, financially and taken away 4 years of my life.How should I go about doing this?
Could you expand a little please as to whether you are a patient that has suffered some form of injury or are you a practitioner denied an opportunity to work in the profession or any other situation?
I would like to sue the Australian Dental Council (ADC) for discriminating against me, wasting my time and inappropriate policies that led to me and my family being affected financially, mentally and leaving me with no career options. The ADC is responsible for granting license to overseas trained dentist to practice dentistry in Australia. It is a registered corporation limited by guarantee. The ADC’s has a formal three tier appeal process.1 Post examination discussion (10 mts)2 Appeal to the examination committee of the ADC3 Appeal to an Independent appeals committee. The last line of the appeals process reads,” this however will not change a result from a fail to a pass. The candidate may however resit if the committee finds in favour”.I have done the first 2 stages and waiting ADC’c reply for the third.The Chief Examiner has made racially discriminating comments like, “why do so many of you come and take exams here? Can’t you practice in your country?” ...”Bloody Indians”....etcPost examination discussion. (I recorded this without their knowledge)• I felt Discriminated and they failed to provide any examination reports or models (they have provided this to many)• Failed to give breakdown of marks in spite of clearly being in place.• Failed to even give what they said at the counselling when requested in the form of a printout to help me lodge an Appeal.• 20 odd students wrote the exams. No one passed the exam in entirety. • The Policy for the Appeal process is not fair! Why would anyone appeal if they know the outcome is not going to change the results? Isn’t this against law of natural justice? It has taken 10 months and still I am yet to hear on the Independent Committee report.• The Chief examiner has taken several racial cracks at Indian Dentist who come here to take the exams.• When I pointed out the decision in University of Melbourne v McKean (2008) VSC325. http://www.theaustralian.com.au/higher-education/secrets-come-out-in-court/story-e6frgcjx-1111117374466 . They said they are a registered company limited by guarantee and hence it does not apply to them.• I have great respect for all the examiners. They were all fantastic. I just wanted to see where I went wrong and the ADC won’t let that happen. This policy has affected me in many ways.Fees charged: ADC charges approx $5500 for a complete exam and $1750 for a supplementary exam.I have spent close to $16000 on examination fees and more on training etc .I would like to give you a brief overview on how I went about the Australian Dental Council Exams.Passed the Preliminary exam in March 2006Clinical ExamsFirst time : August 2007, PerthExamination : Clinical dentistry 1 (CD1), Clinical Dentistry 2 & Clinical Dentistry 3Results : Passed CD2 and CD3, Supplementary in CD1Counselling : Performance very Good in CD2 & CD3, pointed mistakes in CD1 (with models and remarks papers)Second Time : Ourimbah, NSWExamination : CD1Results : Granted conditional pass. Resit Endodontics- a part of CD1Counselling : Performance good in other parts but have to re-sit Endodontics remarks Third time : BrisbaneResult : FailCounselling : Did not apply rubber dam satisfactorily, wide access preparation. Re-sit CD1Fourth Time : Westmead Hospital, Sydney.Result : FailCounselling : Re-sit the entire exam. i.e, CD1, CD2 &CD3Fifth Time : PerthResult : Fail in CD2 & CD3Counselling : Showed me nothing!Each time the ADC conducts an exam they make close to $100, 000. They conduct anywhere between 6-10 times a year. Take my case for example, if they had said I don’t fit the first time, I would have not spent so much money and time on these exams and gone about doing something else. BUT, NO, THEY SAID I WAS FANTASTIC ALL THE TIME AND THAT I HAD TO IMPROVE JUST A LITTLE BIT AND I WOULD BE A FINE DENTIST. Hence, it’s my guess that they are running it at as a cash cow plus they don’t have to divulge any information to anyone due their policies. They also keep the numbers in check so that the other dentist can thrive and charge ridiculous price. It can easily be blamed on quality control and hence the overseas dentist fails to pass. Plus, being a corporation limited by guarantee, they don’t have to be transparent in any way.
Thank you for the additional detailed information, what a nightmare you are going through!
You have hit the nail right on the head with the fact that a limited guarantee corporation does not need to be transparent to its clients, only its shareholders, however it does need to comply with all the provisions of the Corporations and in this instance, the Trade Practices Act so the answer to your question as to how to sue them will be more along the lines on what grounds could you sue them for, and if successful, what damages would remedy the claim you would have against them.
Its not my place to determine whether or not they have misrepresented you in any way, which for me is a starting point under the Trade Practices Act, misrepresentation of what you expected to get for the fees paid - the license to practice here in Australia.
I believe you will struggle to get any court to hear about their unfair policies, it is material to the result but not enough to commence an action on.
Someone (a Govt entity) gave the ADC the right to issue these licenses, I would find out the source of the power they have and vent your discontent to this department and contact the local minister under whose portfolio the ADC would run under.
I would also suggest that you contact the state based law society to be referred to a Solicitor who practices in the area of the Trade Practices Act and see if there is a chance for you to pursue ADC for damages in this area.
I trust this information is of assistance and that you will kindly accept my answer as I wish you the best in this matter
Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
Thank you very much for that. Could you please tell me how I should go about the racial discrimination I suffered during this entire process. I kept quiet since I needed to pass. Yet, at one point I spoke to him (Chief Examiner) and asked him to mind his business. I am not sure if the ADC failed me subsequently because of this.
I would contact the Australian Human Rights Commission who you can access on the link below:
It would be disappointing indeed if the ADC failed you because of this, this mindset is a minority. All the best to you.
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