Health Care Complaints Commission v Smith [2021] NSWCATOD 187

Health Care Complaints Commission v Smith [2021] NSWCATOD 187

The Tribunal was comfortably satisfied that all complaints were proven. The Respondent failed to maintain adequate infection control standards, provided dental services while non-practising and in some circumstances without professional indemnity insurance and contrary to COVID-19 restrictions, refused without...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 November 2021
Procedural Posture
Professional Disciplinary Complaint Concerning a Registered Dental Practitioner / Principal Judgment After Hearing in the Occupational Division
Outcome
Complaints proven; Respondent found guilty of unsatisfactory professional conduct and professional misconduct; registration cancelled.
Legal Topics
['dental Practitioner Registration' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'infection Control Standards' 'professional Indemnity Insurance' 'non Practising Registration' 'covid 19 Dental Restrictions' 'failure to Provide Information to Regulator' 'public Protection']
['health Law' 'professional Regulation and Discipline' 'administrative Law'] ['dental Practitioner Registration' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'infection Control Standards' 'professional Indemnity Insurance' 'non Practising Registration' 'covid 19 Dental Restrictions' 'failure to Provide Information to Regulator' 'public Protection']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Professional Disciplinary Complaint Concerning a Registered Dental Practitioner / Principal Judgment After Hearing in the Occupational Division

Legal Issues

  1. 1 ['Whether the Respondent failed to maintain adequate infection control standards in accordance with Schedule 3, clauses 4, 5, 14 and 15 of the Health Practitioner Regulation (NSW) Regulation 2016.' 'Whether the Respondent provided dental services without professional indemnity insurance and contrary to Level 3 COVID-19 dental restrictions.' 'Whether the Respondent practised dentistry while holding non-practising registration.' 'Whether the Respondent refused without reasonable excuse to provide records requested under s34A of the Health Care Complaints Act 1993.' 'Whether the Respondent failed to notify the National Board within seven days that he ceased to have appropriate professional indemnity insurance arrangements.' 'Whether the proven conduct amounted to unsatisfactory professional conduct and professional misconduct warranting cancellation of registration.']

Ratio Decidendi

The Tribunal was comfortably satisfied that all complaints were proven. The Respondent failed to maintain adequate infection control standards, provided dental services while non-practising and in some circumstances without professional indemnity insurance and contrary to COVID-19 restrictions, refused without reasonable excuse to provide requested records, and failed to notify the National Board of cessation of professional indemnity insurance. His conduct constituted unsatisfactory professional conduct and professional misconduct, and his lack of insight, lack of remorse, and failure to demonstrate that risks had been remedied meant cancellation of registration with a two-year period...

Court Disposition

Complaints proven; Respondent found guilty of unsatisfactory professional conduct and professional misconduct; registration cancelled.

Orders

  • ['The registration of the Respondent is cancelled.' 'The Respondent shall not be entitled to apply for re-registration as a dentist for a period of two years from the date of this decision.' 'Until such time as the Respondent is re-registered as a dentist, the Respondent must not work as a dentist or provide dental...