ADIA Code of Practice — Frequently Asked Questions
The Australian Dental Industry Association (ADIA) receives lots of questions from the dental industry, dental professionals, and also patients about how the ADIA Code of Practice works. The information on this page is designed to provide simple answers to the most asked questions.
It is important to note that the ADIA Code of Practice will often apply slightly differently depending on the circumstances of the advertising or promotional activity. For this reason the following information should be viewed as general guidance only.
Coverage - Which businesses are covered?
The ADIA Code of Practice covers all ADIA member businesses plus any business that exhibits at trade shows convened by ADIA such as the ADX Sydney dental exhibition. This covers the businesses that supply more than 95% of the dental products made in Australia.
Coverage - Which products are covered?
The ADIA Code of Practice relates to ordering, purchase or sale of any therapeutic product as defined in Section 3 of the Therapeutic Goods Act 1989 (Cth). This includes most dental products.
Promotions – Can gifts be offered with sales of product?
If your business is offering gifts (e.g. consumer electronics) in connection with the ordering, sale or purchase of therapeutic products to a healthcare professional, the ADIA Code of Practice states that this is not possible. The one exception is when the gift is in the form of another therapeutic good (e.g. buy one get one free) or, in some cases, continuing professional development.
Complaints – How are these enforced?
A business that joins ADIA, renews its membership, or exhibits at a trade show managed by ADIA has entered into a common-law contract to abide by the ADIA Code of Practice. Where a determination has been made that a business has breached the ADIA Code of Practice any determinations as to enforcement will be progressed in the Courts as a civil matter if the business does not accept them.
Complaints – What if I don't like a decision?
If the ADIA-CCC Code Complaints Committee has determined that your business has breached the ADIA Code of Practice, you can appeal the decision on limited grounds. These are typically when it can be demonstrated that there was a failure to adhere to the complaints determination process or when there is a material misstatement of fact concerning the activity of the member as cited in the reasons for determination. Appeals are considered by a lawyer appointed to consider the complaint. To preserve the independence of the process the ADIA Board has no role in determining the complaint nor the appeal.
When considering compliance obligations it is important to appreciate the fact that the intent is that the ADIA Code of Practice be considered in both spirit and as written. Experience has proven that if businesses that are trying to find 'loopholes' that may permit marketing and promotional activities that are designed to influence purchasing decisions, these are probably inconsistent with the ADIA Code of Practice.
Applicability Date ―
This information relates to the ADIA Code of Practice - Edition 2 which comes into force on 1 January 2018. Please note that a business' compliance obligations may be different under the ADIA Code of Practice - Edition 1.
The information offered here is guidance only and to fully assess the obligations that the dental industry has under the ADIA Code of Practice please refer to the full document. Please note that this information is subject to change to reflect decisions of the ADIA-CCC Code Complaints Committee made subsequent to the publication of this information.
Further Information —
To keep up to date with how the ADIA Code of Practice is working to strengthen the trust that exists between the dental industry, dental professionals, and consumers, 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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