DENTAL PRACTICE ACCREDITATION

Terms and Conditions

 1sr Terms and Conditions – Dental Practice Accreditation

These are the Terms and Conditions for Dental Accreditation (with the enrolment form and/or application submitted by the Dental Practice) which govern the Agreement between HDAA Australia Pty Ltd (HDAA) and the Dental Practice (identified by a Unique Client ID and ABN) that seeks accreditation or seeks to maintain accreditation to the National Safety and Quality Health Service (NSQHS) Standards, by HDAA and as overseen by the Australian Commission on Safety and Quality in Health Care.

1. Duration of this agreement

1.1. The Agreement commences on the date when HDAA verifies and accepts the Dental Practice’s Enrolment Form or (in the case of a re-accreditation) the date when HDAA accepts a re-application from the Dental Practice. The Terms and Conditions of the Agreement will be automatically renewed for consecutive annual periods. Renewal will be on the same terms unless HDAA and the Dental Practice agree to vary specific terms in writing.

1.2. At the discretion of HDAA, the Agreement may not be renewed if:

  1. The Dental Practice has not promptly paid to HDAA all monies payable under this Agreement;
  2. The Dental Practice and HDAA have agreed to any new standard terms of engagement in substitution of these terms;
  3. The Dental Practice has not observed all other terms of this Agreement, or
  4. The Agreement has otherwise been terminated.

1.3. If HDAA is not operational at the time of your assessment then this Agreement ceases unless the agreement is transferred by HDAA to another approved Registration Body. If this Agreement is transferred to another approved Registration Body the Dental Practice agrees that this Agreement will continue with that approved Registration Body until the end of the accreditation period; i.e., accreditation expiry.

2. The standards and application

2.1. The Standards are the current National Safety and Quality Health Service (NSQHS) Standards 1st edition, applicable to Dental Practices and include any updates/modifications applied or required by the Australian Commission on Safety and Quality in Health Care.

2.2. The Dental Practice will apply for accreditation.

  1. Non-accredited Dental Practices will be assessed initially to the full applicable set of NSQHS Standards.
  2. Accredited Dental Practices transferring from other Accreditation Bodies or entering a subsequent cycle of assessment will be re-assessed to the full applicable set of NSQHS Standards.

2.3. The Dental Practice acknowledges that Accreditation, and the Standards on which the Accreditation is based, are designed with the primary aim to protect the public from harm and to improve the quality of health service provision. They provide a quality assurance mechanism that tests whether relevant systems are in place to ensure that expected standards of safety and quality are met.

3. Fees

3.1. A Dental Practice enrolling with HDAA for the NSQHSS for Dental Practice Accreditation is required to obtain its own determination of eligibility to participate in the scheme. HDAA is not liable for an incorrect enrolment e.g. for a Dental Practice that is not in scope of the NSQHSS for Dental Practice Accreditation.

3.2. Enrolling with HDAA for the NSQHSS for Dental Practice Accreditation identifies a Dental Practice as a HDAA Client for Dental Practice Accreditation.

3.3. The cost of accreditation is a single payment for a “Desk-top” audit / documentation review which is performed once per accreditation cycle (3 years).  Fees are published on the HDAA website at: https://www.hdaau.com.au/dental-services-accreditation-fee-options/

3.4. Fees are based on the size of the Dental Practice, identified by the number of sites (physical clinic locations) to be included in the accreditation of the Dental Practice.

3.5. The current schedule of fees is published by HDAA and administered in line with these Terms and Conditions.

3.6. The fee payment will become payable by the Dental Practice upon application with HDAA for NSQHSS Dental Practice Accreditation. 

3.7. All invoices issued by HDAA to the Dental Practice in respect of costs associated to Dental Practice Accreditation are due and payable within 14 days of the date of the invoice being issued. Where assessments are pre-paid, the relevant assessment must be conducted within 12 months of the date of payment. Where the Dental Practice withdraws prior to the assessment commencing, funds may be returned less an administration fee of 20%.

3.8. HDAA retains the right to stop work on any dental practices accreditation or cease support if invoices are outstanding beyond 14 days.

3.9. The fee does not include the cost of any on-site visit should this be required. NSQHSS for Dental Practice Accreditation does not currently (i.e., as at 1 July 2018) require on-site visits for accreditation purposes.

3.10. All published fees are GST exclusive.

3.11. The start of your HDAA Membership is from the date of your enrolment with HDAA.

3.12 Fees include includes the following:

  1. One assessment to the NSQHS Standards for Dental Practice Accreditation in three years.
  2. HDAA accreditation mark window stickers (2).
  3. Amendments to your accreditation report where your Dental Practice or accreditation details change (one change in three years included).
  4. Re-issue of accreditation certificate (one additional copy if required).
  5. Support with resolving accreditation queries with Australian Commission on Safety and Quality in Health Care.
  6. Phone support.
  7. Clear and accurate resources in “plain English” to assist you prepare your application for accreditation.
  8. Secure access to HDAA onTrack system for managing your accreditation.
  9. Electronic access to the HDAA certification mark to promote your accredited status.

3.13. HDAA may postpone work until the fee is paid.

4. Assessors and the assessment

4.1. Under the current terms of the NSQHSS for Dental Practice Accreditation, HDAA will arrange for an offsite desk-top Assessment to be conducted by an Assessor.

4.2. HDAA will arrange for the Assessor to assess the evidence submitted by the Dental Practice and to determine whether or not the Dental Practice meets the Dental Practice Accreditation Standards.

4.3. Applications received with full required evidence will be assessed within 15 Business Days.

4.4. To enable HDAA to assess the evidence submitted before the accredited period expires, Dental Practices with existing NSQHSS For Dental Practice Accreditation agree to submit an application for re-assessment no later than one month prior to the expiry date of an existing NSQHSS for Dental Practices Accreditation.

5. Accreditation Report

5.1. HDAA will complete an Accreditation Report based on review of the evidence provided by the Dental Practice.

5.2. HDAA will provide the Accreditation Report to the Dental Practice within 2 Business Days of the accreditation decision and the report will contain:

  1. The accreditation decision.
  2. The reason for the decision.
  3. The date of effect of the decision.
  4. The date from which the practice is accredited.
  5. The physical address and practice name to which the decision applies.
  6. The date by which re-accreditation decision will be necessary.
  7. Any conditions arising from the decision.
  8. The requirement to comply at all times with the NSQHSS For Dental Practice Accreditation.

6. Accreditation Decisions

6.1. HDAA will make one of three decisions based on the report. The decisions will be:

  1. (If the Dental Practice substantially complies with the Standards) the Dental Practice will be awarded Accreditation; or
  2. (If the Dental Practice does not meet all the current Standards) HDAA may, at its discretion, set a timeframe for follow-up action of no greater than 90 days for the Dental Practice to meet the outstanding Standards and advise of the actions requiring further evidence for gaining Accreditation. or
  3. If HDAA considers that there is a potential danger to public health or safety, or that insufficient evidence has been provided to enable an indicator or Standard to be rated “Met”, the Dental Practice will not be granted Accreditation and (where relevant) any existing accreditation may be revoked with immediate effect.

6.2. HDAA will notify the Dental Practice of the decision within 2 Business Days of the accreditation decision and provide a copy of the Accreditation Report in an electronic format.

6.3. Dental Practices may be required to undergo a follow up or progress assessment. If the actions stipulated by HDAA for gaining Accreditation require only submission of written documentation or evidence, then the Dental Practice can submit the required information to HDAA for review within the 90 days for accreditation decision. A HDAA Assessor will then assess whether the Standard(s) are fully met and an accreditation decision will then be made.

6.4. To enable the assessment to be conducted the Dental Practice is required to provide information, documents and records for the purpose of HDAA as the Accreditor to determine whether the Dental Practice meets, or continues to meet, requirements for accreditation to the NSQHS.

7. Period of accreditation

7.1. Where the Dental Practice is awarded Accreditation or Re-Accreditation, the accredited period will be three (3) years from the Accreditation Decision date.

8. The Dental Practice’s business premises and sites

8.1. Accreditation is awarded to the Dental Practice site(s), identified at enrolment.

8.2. The Dental Practice must identify a primary site and may identify additional sites in one enrolment (e.g. a head office or main site plus a number of other outlets or locations in the same group).

8.3. Where accreditation for more than one site is shown on enrolment the additional sites must be demonstrated to be part of the same legal entity as the primary site.

8.4. HDAA will require evidence to demonstrate accreditation is maintained if there is a change in the ownership or other “conditions of accreditation” at the accredited site(s).

8.5 Where accreditation for more than one site the documents and records provided as evidence must clearly identify which sites they are relevant to.

9. Reconsideration and accreditation decisions

9.1. An application for reconsideration must be made in writing by the Proprietor of the Dental Practice to HDAA within 28 days of receipt of the decision (Accreditation Report).

9.2. HDAA will, within 28 days of receiving a request for reconsideration, conduct a review of the information submitted in the application and any other information and records relating to the initial decision and either:

  1. Affirm the initial decision; or
  2. Vary the initial decision; or
  3. To set aside the initial decision and make a decision in substitution for it.

9.3. HDAA will notify the Proprietor in writing of the reconsideration decision and the reasons for the decision with confirmation of the Dental Practice the reconsideration decision applies to and the date of effect of the reconsideration decision.

9.4. Details will also be provided to the Proprietor of the procedure for applying to the Australian Commission on Safety and Quality in Health Care (the Commission) for further reconsideration of the initial decision. This will include the dates of 28 days duration the Proprietor has to apply to the Commission for further reconsideration and instruction for the Proprietor to include why it is believed the initial decision should be reconsidered by the Commission.

9.5. On occasion HDAA may conduct reconsideration on its own volition and in such circumstances will notify the Proprietor and provide a copy to the Australian Commission on Safety and Quality in Health Care.

9.7. Where HDAA is notified by the Australian Commission on Safety and Quality in Health Care that a Dental Practice has applied for further reconsideration of the decision, HDAA may provide the Commission copies of all documents and records relating to the initial decision and the reconsideration decision.

9.8. The Australian Commission on Safety and Quality in Health Care will notify HDAA of the outcome of the reconsideration by the Commission, and HDAA will apply the Commission’s decision as directed and either:

  1. Vary, suspend or revoke accreditation; or
  2. Grant accreditation and notify the Proprietor of the Dental Practice of the sites and services the decision relates to, the date from which the Dental Practice is accredited and the expiry date by when re-accreditation will be necessary; or
  3. Grant re-accreditation and notify the Proprietor of the Dental Practice of the sites and services the decision relates to, the date from which the Dental Practice is accredited and the expiry date by when re-accreditation will be necessary.

10. Certificate of accreditation

10.1. When a Dental Practice is Accredited, HDAA will aim to send the Dental Practice the Certificate of Accreditation within 20 Business Days of the decision to accredit the Dental Practice.

10.2. The Certificate of Accreditation will include a Schedule Letter and remains the property of HDAA and must be returned to HDAA upon termination of the Agreement.

10.3. The Schedule Letter will detail the requirements for maintaining accreditation and contain any specific Conditions imposed on the Dental Practice.

10.4. HDAA will provide the Dental Practice with a new Certificate of Accreditation each time Accreditation is awarded.

10.5. Annually HDAA will require the Dental Practice to review, and where applicable, update its details on the HDAA onTrack system including (but not limited to) contact details, number of sites included in the accreditation, and advise of any changes to the Conditions of Certification.

10.6 Conditions of Certification include, but may not be limited to:

  1. Change to your legal status.
  2. Change of ownership.
  3. Transferring services to new site/premises (relocation).
  4. The closure of any site or cessation of service type.
  5. Adding in any new sites or service type.
  6. Any serious event that requires that a statutory body is notified.
  7. Use of the HDAA mark.

11. HDAA mark (accreditation mark)

11.1. HDAA grants an Accredited Dental Practice a non-exclusive license to use the HDAA Mark.

11.2. The Dental Practice acknowledges that HDAA owns the copyright of the HDAA Mark.

11.3. The Dental Practice’s ability to use the HDAA Mark commences on the date the Dental Practice’s Accreditation is granted by HDAA and continues until the date the Dental Practice’s Accreditation with HDAA or Membership ceases.

11.4. The Dental Practice is limited to use the HDAA Mark at the accredited site/s (Business Premises), on Dental Practice stationary, the Dental Practice website, and for Dental Practice advertisements or marketing material relevant to the dental services provided.

11.5. The Dental Practice will not use, nor allow the use of, the HDAA Mark to imply accreditation of services other than those shown on the Certificate documents.

11.6. On termination of Accreditation by HDAA the Dental Practice will deliver to HDAA all documents and other materials in its possession relating to the HDAA Mark when requested.

11.7. The Dental Practice will immediately notify HDAA of any infringement or possible infringement or of any actions or claims in relation to use of the HDAA Mark.

11.8. The Dental Practice hereby indemnifies and agrees to keep HDAA indemnified against any actions, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs (including solicitor and client costs), charges and expenses arising out of the Dental Practice ’s use of the HDAA Mark.

11.9. The HDAA Mark must only be used in accordance with the “Guidelines for the Use of the HDAA Mark” as described on www.hdaau.com.au and in the following manner:

  1. Only to use the “HDAA Accredited – Practice” version of the HDAA Marks in relation to NSQHSS for Dental Practices;
  2. Only to use the image files of the HDAA Mark provided, on request, by HDAA;
  3. Only to be used at, and in relation to, the accredited dental practice site;
  4. Not to be incorporated into any other design or distributed in any fashion;
  5. Not to be used or affixed to dental equipment or products used within the Dental Practice’s Business.

12. Patient confidentiality and privacy

12.1. HDAA will ensure that the Assessor has entered into Confidentiality Agreements with HDAA and the Assessor will have covenanted not to make public or divulge to any person, except HDAA, any information concerning the Dental Practice, including the Dental Practice’s patients.

12.2. HDAA and the Assessor will take all such steps and do all such things as may be necessary, prudent or desirable in order to reasonably safeguard the confidentiality and privacy of the Dental Practice, Dental Practice’s clients and client health records.

12.3. HDAA will not make public or divulge to any person any of the Dental Practice’s client information unless required by law.

12.4. The Dental Practice warrants that, where it considers necessary, it has obtained client approval for the HDAA Assessor to review the Dental Practice ’s client health records.

13. Confidentiality and privacy

13.1. HDAA will act in accordance with the Privacy Amendment (Enhancing Privacy Protection) Act 2012 Australian Privacy Principles and the Notifiable Data Breaches Scheme.

13.2. Other than as required by law, during the Term of the Agreement, HDAA covenants with the Dental Practice not to make public or divulge to any person any information concerning the business, operations of the Dental Practice or any of its dealings, transactions or affairs or otherwise do any act or omit to do any act which directly or indirectly will or might reasonably be expected to injure the goodwill, business or reputation of the Dental Practice.

13.3. During the Term of the Agreement the Dental Practice covenants with HDAA not to make public or divulge to any person any information concerning the business or operations of HDAA or any of its dealings, transactions or affairs or otherwise do any act or omit to do any act which directly or indirectly will or might reasonably be expected to injure the goodwill, business or reputation of HDAA.

13.4. The Dental Practice authorises HDAA to release compilation data and accreditation status data to the Australian Commission on Safety and Quality in Health Care in HDAA’s usual course of business or as required by legislation.

13.5. HDAA may from time to time release aggregated data of Dental Practices that use HDAA’s services for use as statistics concerning Dental Practice Accreditation.

13.6. The Dental Practice consents to HDAA publishing the name and location of the Dental Practice on HDAA’s website upon the Dental Practice gaining Accreditation.

14. Termination

14.1. The Dental Practice may terminate the Agreement if HDAA fails to carry out the obligations on its part to be performed or observed in accordance with the Agreement, if this failure continues for a continuous period of 10 Business Days after notification in writing specifying the nature of the breach.

14.2. HDAA may terminate the Agreement if the Dental Practice fails to carry out the obligations on its part to be performed or observed in accordance with the Agreement, if this failure continues for a continuous period of 10 Business Days after notification in writing specifying the nature of the breach. HDAA may otherwise terminate the Agreement at its discretion.

14.3. If HDAA transfers this Agreement to another Approved Accreditor the client agrees that this Agreement will continue with that Approved Accreditor.

14.4. If any information provided by the Dental Practice to HDAA upon which Accreditation has been based subsequently is found to be false or misleading, then HDAA reserves the right to immediately terminate this Agreement.

14.5. If the Dental Practice has been awarded Accreditation but in the reasonable opinion of HDAA the Dental Practice ceases to comply with the requirements for Accreditation, and if the non-compliance continues for a continuous period of 20 Business Days after notification in writing specifying the nature of the non-compliance, then HDAA reserves the right to immediately terminate this Agreement.

14.6. If the Dental Practice has been awarded Accreditation and subsequently the Dental Practice ascertains that it may no longer comply with the requirements for Accreditation, then the Dental Practice will immediately notify HDAA whereupon HDAA may re-asses and potentially revoke, suspend or vary this Agreement or the Accreditation status of the Dental Practice.

14.7. Upon termination of this Agreement because of a breach in any of the clauses 14.1 – 14.6, any Accreditation previously awarded to the Dental Practice will be forthwith cancelled.

15. Definitions

In these Terms and Conditions:
15.1. Accreditation means Accreditation to the National Safety and Quality Health Service (NSQHS) Standards as applicable to Dental Practices.

15.2. Accreditation Expiry Date means the last day of the accredited period.

15.3. Accreditation Mark means a logo (Mark), which acknowledges that the Dental Practice is Accredited, that was designed, approved and is owned by HDAA.

15.4. Accreditation Report means the report prepared by HDAA which compiles the information collected from the Assessment and sets out the Dental Practice’s achievements against the Standards and the accreditation decision.

15.5. Accredited means having been granted Accreditation and/or Conditional Accreditation.

15.6. Fees are paid at the commencement of the assessment.

15.7. Approved Accreditor means an Accreditation Agency approved by the Australian Commission on Safety and Quality in Health Care Assessments to assess and accredited the NSQHSS for Dental Practices.

15.8. Assessment means the review of the evidence submitted by the Dental Practice against The Standards which is conducted by the HDAA Assessor.

15.9. Assessment Date means the date the Assessment was conducted.

15.10. Assessor means the person appointed by HDAA to conduct the Assessment.

15.11. Agreement means the verified Enrolment Form and these Terms and Conditions read together.

15.12. Business Day means any day other than a Saturday, Sunday, public or bank holiday.

15.13. Business Premises means the physical location of the Dental Practice as identified at enrolment.

15.14. Certificate of Accreditation means a certificate provided by HDAA to the Dental Practice acknowledging that the Dental Practice has obtained Accreditation.

15.15. A follow up assessment or progress assessment means assessment of additional evidence provided by the Dental Practice as the initial assessment of the Dental Practice has identified that Accreditation is not approved because the dental practice has not met all of the Standards, but has been given 90 days to provide additional evidence and have it assessed for Accreditation.

15.16. Conditions of Accreditation or Conditions of Certification mean the conditions required under the terms of the scheme to be advised to HDAA by an accredited Dental Practice to maintain accredited status, see 10.6.

15.17. NSQHSS for Dental Accreditation means accreditation to the National Safety and Quality Health Service (NSQHS) Standards as overseen by the Australian Commission on Safety and Quality in Health Care.

15.18. Enrolment Form means the form completed electronically at the time the Dental Practice engages HDAA as the Accreditor for the National Safety and Quality Health Service (NSQHS) Standards. The verified enrolment form is the Agreement for the purpose of Accreditation with HDAA.

15.19. The Standards means the National Safety and Quality Health Service (NSQHS) 1st edition Standards as applicable to Dental Practices determined by the Australian Commission on Safety and Quality in Health Care.

15.20. HDAA means HDAA Australia Pty Ltd, ABN: 40 134 482 625.

15.21. Client ID means the unique identifying number allocated by HDAA to the Dental Practice at the time of enrolment.

15.22. Dental Practice means the dental business named in the Enrolment Form.

15.23. Dental Practice profile means the summary of information provided by the Dental Practice at enrolment which sets out identifying data relating to the Dental Practice and the Dental Practice’s Business in scope of assessment.

15.24. Fee means the published schedule of fees set out and agreed to at enrolment in line with these Terms and Conditions.

15.25. Membership Form means the on line HDAA Enrolment Form which was completed by the Dental Practice.

15.26. Service means an assessment or related activity undertaken by HDAA to maintain a Dental Practices accreditation to the Conditions of Accreditation.

15.27. Term means the duration of this Agreement.

15.28. Terms and Conditions means the Terms and Conditions for Dental Accreditation as currently published by HDAA and forming part of the Agreement.

16. Eligibility criteria

16.1. Dental Practices eligible for Accreditation are providing services in Australia and maybe one of the following:

  1. a) Currently Accredited Dental Practices undertaking Re-Accreditation to maintain Accredited Status.
  2. b) Non-accredited Dental Practices providing services entering the NSQHSS for Dental Practices for the first time.
  3. c) Non-accredited Dental Practices that have previously been accredited where their accreditation was revoked or otherwise ended must apply for and obtain accreditation against the NSQHSS for Dental Practice Accreditation in order to re-enter the Scheme.

17. The Agreement

17.1. The Agreement is the verified Enrolment Form completed electronically at the time the Dental Practice engages HDAA as Accreditor for the NSQHSS for Dental Practice Accreditation and these Terms & Conditions.

17.2. The Agreement binds the Dental Practice to the HDAA Terms and Conditions for Dental Accreditation.

17.3 HDAA will review and amend this Terms and Conditions at least bi-annually.

18. Disclaimer

The information contained in any report or associated assessment evidence records produced in accordance with the Terms and Conditions for Dental Practice Accreditation and relates to the client’s compliance with particular standards or certifications as at the date of the Report. Nothing in the Report pertains to the client’s compliance or otherwise with the relevant laws or regulations applicable to the client and the responsibility of compliance with the relevant laws or regulations applicable to the client remains the responsibility of the client.

The information contained in the Report will be based on the best information available to the assessor(s) at the time of the assessment. Although all due care will be exercised in the preparation of the Report, because it is not possible to foresee all possible uses of the information or the Report, or to predict all future events and because the Report is prepared using a random sample of information available at the time of the Report, any subsequent action or inaction in reliance on the accuracy of the Report is the risk sole decision of the user of the information including any person, government body, organisation or entity and is taken at their sole risk.

Although every attempt will be made to summarise the relevant findings accurately and to explain their application and Dental Practice to the relevant standards, nothing in the Report should be taken as an authoritative statement of law. Every person should take their own independent legal advice for the purposes of interpretation and application of relevant laws. To the maximum extent permitted by law, HDAA Australia Pty Ltd, its directors, officers, agents, employees and representatives expressly disclaim any and all liability, losses, costs or damages to any person, government body, organisation or entity arising directly or indirectly as a result of any act, omission or failure to act by any person, government body, organisation or entity in reliance in whole or in part upon the whole or any part of any statement or information contained in the Report.

The Report is provided to the client on the basis that the client is agreeable to the above term and on accepting the Report from HDAA Australia Pty Ltd, the client acknowledges their agreement to the above.