Health Care Complaints Commission v Chan [2017] NSWCATOD 66

Health Care Complaints Commission v Chan [2017] NSWCATOD 66

Most of Complaint 1 and the admitted conduct in Complaints 2, 3 and 4 were proven. The repeated and significant failures to comply with the Dental Board of Australia's infection control guidelines across Dr Chan's practices, continuing after he was put on notice, amounted to unsatisfactory professional conduct and,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 May 2017
Procedural Posture
Complaint About a Registered Dental Practitioner Alleging Unsatisfactory Professional Conduct and Professional Misconduct Under the Health Practitioner Regulation National Law (nsw) / Principal Judgment After Hearing in the Occupational Division of the Civil and Administrative Tribunal of New South Wales
Outcome
Dr Chan was found guilty of unsatisfactory professional conduct and professional misconduct; he was reprimanded, conditions were imposed on his registration, no fine was imposed, and he was ordered to pay the Commission's costs as agreed or assessed.
Legal Topics
['infection Control Standards in Dental Practice' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'protective Orders' 'power to Impose a Fine' 'costs']
['health Practitioner Regulation' 'professional Discipline' 'administrative Law' 'statutory Interpretation'] ['infection Control Standards in Dental Practice' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'protective Orders' 'power to Impose a Fine' 'costs']

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Procedural Posture

Complaint About a Registered Dental Practitioner Alleging Unsatisfactory Professional Conduct and Professional Misconduct Under the Health Practitioner Regulation National Law (nsw) / Principal Judgment After Hearing in the Occupational Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the disputed particulars of Complaint 1 concerning infection control and sterilisation practices at the Campsie practice were proven.' 'Whether the proven conduct amounted to unsatisfactory professional conduct within the meaning of s 139B(1)(a) of the Health Practitioner Regulation National Law (NSW).' 'Whether the proven conduct, considered together, amounted to professional misconduct within the meaning of s 139E of the Health Practitioner Regulation National Law (NSW).' "Whether Dr Chan's registration should be cancelled or suspended, or whether other protective orders were appropriate." 'Whether the preconditions for imposing a fine under s 149B of the Health Practitioner Regulation National Law (NSW) were satisfied.' "Whether Dr Chan should pay the Commission's costs."]

Ratio Decidendi

Most of Complaint 1 and the admitted conduct in Complaints 2, 3 and 4 were proven. The repeated and significant failures to comply with the Dental Board of Australia's infection control guidelines across Dr Chan's practices, continuing after he was put on notice, amounted to unsatisfactory professional conduct and, when considered together, professional misconduct sufficiently serious to justify suspension or cancellation. However, in light of substantial rehabilitation, later compliance with inspections, professional development, and willingness to comply with conditions, the appropriate protective response was a reprimand, practice inspection conditions, mentoring conditions,...

Court Disposition

Dr Chan was found guilty of unsatisfactory professional conduct and professional misconduct; he was reprimanded, conditions were imposed on his registration, no fine was imposed, and he was ordered to pay the Commission's costs as agreed or assessed.

Orders

  • ['Pursuant to s 149A(1)(b) of the Health Practitioner Regulation National Law (NSW), Dr Chan is reprimanded.' 'Pursuant to s 149A(1)(b) of the Health Practitioner Regulation National Law (NSW), Dr Chan must submit to inspection of every practice in which he provides dental services by a person or persons nominated...