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With many dentists uncertain of how to deal with legal issues around domestic and family violence, a new guide created especially for the profession aims to address this. By John Burfitt
Whether it’s speaking at conferences or to students on the topic of legal issues, Dr Alex Dancyger claims that no matter who the audience is, the questions never change.
“We always have the same questions, specifically about consent, documentation, information sharing and where to go in terms of legal resources,” Dr Dancyger, a senior lecturer in dentistry at James Cook University (JCU), says.
“This whole area lacks clarity, and it is not a strong component of the curriculum at most universities I know of. Most dentists appear to be scared of legal issues because it does not play a major role in their training.”
To fill this gap, the new Domestic Violence and Dental Professionals: A Legal Guide has been created by JCU in collaboration with counselling practice Be Conscious (which specialises in trauma), and the North Queensland Women’s Legal Service. It was launched in May to coincide with Domestic and Family Violence Prevention Month.
Designed as a practical resource for Australian dentists, it addresses navigating the legal and ethical responsibilities involved in treating patients who may be experiencing domestic and family violence (DFV). It also covers important information about recognising and responding to signs of DFV in a dental setting and, in particular, highlights topics such as consent and decision-making capacity, the keeping of clinical notes, privacy and reporting obligations.
“For many practitioners, the legal dimensions of domestic and family violence sit outside their comfort zone” Dr Dancyger says. “They’re worried about litigious processes, and we sometimes find that just raising the issue of domestic violence opens up a floodgate.”
The 40-page guide is based on personal experiences health care practitioners have had in dealing directly with dentists facing such issues with patients. It particularly highlights the vital role dentists play by serving as frontline health professionals, especially in regional and remote communities, and supports them in their key roles to provide safe, lawful, and trauma-informed care to patients in need.
“With this guide, we’re trying to familiarise dentists in asking about it, and to just show them specific concerns that we see constantly addressed in a way they can understand, and that is appropriate for the dental profession.”
One persistent misconception the guide addresses is the belief that DFV is none of a practitioner’s business and falls outside the remit of oral health care.
“I would respond that it’s absolutely your business as a dental practitioner,” Dr Dancyger says. “I understand the hesitancy, but you just need to know your level of involvement, and also where you need to step back.”
Her reasoning is both clinical and ethical. Dentists routinely examine areas of the body—head, neck, and oral cavity—where signs of violence may be present but not visible to other health professionals. “Perpetrators often place damage in areas that aren’t visible,” she says. “As dentists, we’re checking areas that cannot be seen by other professionals quite so easily, so we really do have a responsibility.
“And it’s important to know this—research finds that victims and survivors will change GPs often, but they will stick with their dentist. So we often have that consistency of care that other don’t.”
Ashleigh Lawrence, a community engagement lawyer with North Queensland Women’s Legal Service (NQWLS), agrees that dental practitioners are often in a unique position to detect early indicators of abuse. “We see firsthand how often the signs of violence and coercive control present in various ways,” she says.
This whole area lacks clarity, and it is not a strong component of the curriculum at most universities I know of. Most dentists appear to be scared of legal issues because it does not play a major role in their training.
Dr Alex Dancyger, senior lecturer, JCU
“Dental professionals can identify these signs early, often before a person has disclosed violence to anyone else.
“We want to ensure dentists feel confident not only in recognising potential indicators of violence, but also in understanding what they can safely and lawfully do next. This kind of cross-sector collaboration is essential to improving safety outcomes for victim-survivors.”
By combining legal expertise with dental clinical insight and social work perspectives, the guide offers a comprehensive framework for navigating one of the most sensitive areas of practice.
“Being involved in this project was important to us because it creates a critical bridge between frontline health professionals and the legal system,” Lawrence says.
But recognising potential signs of DFV is only the first step. The more complex challenge lies in responding appropriately—and legally. Without clear guidance, uncertainty around legal obligations can act as a barrier to action.
“That uncertainty can sometimes prevent practitioners from acting, even when they have concerns. The guide provides practical, legally grounded information so dentists can respond with confidence.”
The guide focuses on three key legal areas for practices: confidentiality and information sharing, documentation and clinical records, and working within a legal framework.
“Understanding patient confidentiality is critical,” Lawrence says. “This ensures practitioners can take appropriate action, when necessary, without fear of breaching legal obligations.”
One of the guide’s most valuable contributions is its recognition that legal compliance alone is not enough, Dr Ann Carrington of Be Conscious states. She has been teaching domestic violence awareness within the dental context for a decade.
“This guide is essential for dentists striving to provide best practice care,” she says. “It’s essential to teach critical thinking and reflection so practitioners understand there isn’t a one-size-fits-all approach.
“Dental students and practitioners frequently look for a well-defined approach or framework to follow. However, domestic violence situations are complex and nuanced; there isn’t a one-size-fits-all approach.”
While the guide was produced in Queensland, it includes jurisdiction-specific information applicable to other states and territories.
“We do believe that there will be iterations and possible changes in the future as laws change, as social norms change,” Dr Dancyger adds. “This is to provide guidance to dentists in an area that, until now, no-one really has wanted to touch.”
