Policy Statement 5.20 - Dental Certificates, Giving Evidence and Witnessing Documents

Position Summary

Dentists who provide certification of oral health status and treatment, witness a document, or are witnesses in courts and tribunals, must comply with all legislative requirements. When giving evidence to a court or tribunal, the dentist’s first obligation must be to the court or tribunal.

1. Background

1.1. Dentists may be asked to provide certificates for a variety of reasons, including sick leave and other absences from work or study, confirmation of treatment for reimbursement, insurance or other claims or certification of oral health status.

1.2. Dentists may be subpoenaed as witnesses in courts and tribunals and be requested to give evidence.

1.3. Dentists may be asked to witness a variety of documents.
1.4. In undertaking these roles as a dentist, the dentist must comply with the Code of conduct for registered health practitioners issued by the Dental Board of Australia.

1.5. Depending on the nature of the request, the dentist may be subject to other regulatory requirements in relation to meeting or addressing the request.

Definition

1.6. PATIENT is a person receiving health care or any substitute authorised decision maker for those who do not have the capacity to make their own decisions.

2. Position

Dental Certificates

2.1. Generally, dentists should only provide certificates where this arises out of the treatment provided to the patient by the dentist.

Giving Evidence

2.11. In giving evidence, the overriding duty of the dentist is to the court or tribunal and to tell the truth and not knowingly mislead the court or tribunal. Dentists should not act as advocates for their patients or for parties in litigation.

2.12. Dentists should give evidence under the protection of a subpoena issued by the court or tribunal requiring them to give evidence.

2.13. Evidence will generally be given under oath or an affirmation,

2.14. Dentists when giving evidence should

• take reasonable steps to familiarise themselves with the proceedings and issues on which they will be giving evidence, including referral back to treatment and other practice records;

• ensure they do not mislead or confuse the court;

• stay within their areas of knowledge, experience and expertise;

• clearly indicate if they do not have the knowledge on, or cannot recall, a matter; and

• seek clarification of questions before answering if not understood.

Witnessing Documents

2.15. Dentists should generally restrict witnessing of documents for persons known to them or others able to prove their identity.

2.16. Dentists should not comment on the intent or legal implications of the document they are witnessing.

2.17. When witnessing the signing of legal documents dentists should not comment on the intent or legal implications of the document.

2.18. A statutory declaration is used as a means of proving or evidencing matters of fact and is a written statement of facts which is signed and sworn or affirmed to be true by the person making the declaration.

2.19. The dentist is not attesting to the accuracy of the contents of the document but is merely witnessing the fact that the document was signed by the person making the declaration.

2.20. There are statutory provisions under Commonwealth, state and territory laws governing the making and taking of statutory declarations.1 These laws are similar across all jurisdictions, but dentists should be familiar with the specific forms and requirements in their particular jurisdiction, and whether a Commonwealth, state or territory declaration is required.

2.21. A statutory declaration must be signed by the person making it in the presence of the dentist.

2.22. The dentist should verify that the signature on the document belongs to the person with that name before the dentist signs the statutory declaration.

2.23. A statutory declaration can be made in relation to any matter.