Health Care Complaints Commission v Starkenburg [2017] NSWCATOD 22

Health Care Complaints Commission v Starkenburg [2017] NSWCATOD 22

The respondent's gross, repeated and continuing breaches of basic infection control and hygiene standards, inadequate record keeping, and lack of insight, posed an ongoing serious risk to public safety that could not be sufficiently addressed by imposing conditions; cancellation of registration was the only...

Source-derived case information.

Parties
Applicant: Health Care Complaints Commission; Respondent: Robert Starkenburg
Jurisdiction
Australia
Judgment Date
09 February 2017
Procedural Posture
Disciplinary Proceeding / Final Orders and Reasons for Decision
Outcome
Practitioner's registration cancelled; costs awarded; non-publication order made.
Legal Topics
Dentistry, Infection Control, Professional Misconduct, Record Keeping, Registration Cancellation, Costs
Health Law Professional Discipline Dentistry Infection Control Professional Misconduct Record Keeping Registration Cancellation Costs

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Parties

Health Care Complaints Commission

Applicant

Robert Starkenburg

Respondent

Procedural Posture

Disciplinary Proceeding / Final Orders and Reasons for Decision

Legal Issues

  1. 1 Whether the respondent's conduct constituted unsatisfactory professional conduct and/or professional misconduct
  2. 2 Appropriate disciplinary orders to protect the public in light of findings

Ratio Decidendi

The respondent's gross, repeated and continuing breaches of basic infection control and hygiene standards, inadequate record keeping, and lack of insight, posed an ongoing serious risk to public safety that could not be sufficiently addressed by imposing conditions; cancellation of registration was the only appropriate order for public protection.

Court Disposition

Practitioner's registration cancelled; costs awarded; non-publication order made.

Orders

  • A non publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting disclosure or publication of the name of Patient A in the schedule to the complaint and any other patients named in the Respondent's evidence.
  • The practitioner's registration in Dentistry is cancelled pursuant to s149C(1)(b) of the National Law.