Mr Eduardo Soares Penques – Permanent prohibition order

19 Mar 2020

The NSW Health Care Complaints Commission conducted an investigation into the conduct of Mr Eduardo Soares Penques, in conjunction with the Australian Health Practitioner Regulation Agency (AHPRA).   The Commission had received complaints alleging that Mr Penques had provided dental services to at least two patients at his NSW residence without holding registration as a dental practitioner in Australia.

The investigation found that Mr Penques is a Brazilian resident who holds registration as a dentist in Brazil. He had travelled to Australia to study English whilst in possession of dental equipment.  Mr Penques provided dental treatment in a makeshift dental clinic to at least two patients including filling a cavity, extracting a wisdom tooth and administering anaesthesia.  Both patients required reparative treatment from registered dentists to correct Mr Penques’ substandard treatment.       

Mr Penques was convicted in the NSW Local Courts for holding himself out as a dentist and carrying out restricted dental acts. He was fined $16,500. 

The investigation built on AHPRA’s prosecution and determined that Mr Penques had breached the Code of Conduct for Unregistered Health Practitioners under Schedule 3 of the Public Health Regulation 2012 in the following respects:

  • Failed to provide a health service in a safe and ethical manner
  • Failed to maintain competence in his field of practice 
  • Provided a health service outside his experience and training 
  • Provided a health service he was not qualified to provide
  • Failed to assist his patients to find alternate health care professionals when required  
  • Failed to encourage his patients to inform their treating medical practitioner of the treatments received
  • Failed to ensure appropriate first aid was available
  • Failed to adopt precautions for the control of infection
  • Engaged in misinformation and misrepresentation in relation to services he provided
  • Failed to provide services and treatment that were designed to maintain or improve Patient A’s and  Patient B’s health or wellbeing
  • Failed to maintain clinical records for Patients A and B.

The Commission is satisfied that Mr Penques poses a risk to the health or safety of members of the public and makes the following Prohibition Order:

Mr Eduardo Penques is permanently prohibited from providing any health service, either in paid employment or voluntarily, to any person.

For the purposes of this order ‘a health service’ carries the same meaning as defined under section 4 of the Health Care Complaints Act 1993.

The Commission has decided to make this Statement of Decision publicly available, under section 41B(3)(c) of the Act.      

Further Information

The full Public Statement of Decision is available here.

For further information, contact the Executive Officer of the Health Care Complaints Commission, on 9219 7444 or send an email to media@hccc.nsw.gov.au.

The information in this media release is correct at the time of publication. Orders may change; for example, conditions may no longer apply. For current information regarding the status of a registered health practitioner, including any conditions that currently apply, please check the National Register at www.ahpra.gov.au.