Health Care Complaints Commission v Carr [2020] NSWCATOD 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Carr [2020] NSWCATOD 131 Hearing dates: 2 and 3 November 2020 Date of orders: 18 November 2020 Decision date: 18 November 2020 Jurisdiction: Occupational Division Before: G Blake AM SC, Senior Member Dr K Campbell, Senior Member Dr R Hochstadt, Senior Member J Houen, General Member Decision: (1) The applicant is to inform the respondent of what protective orders it seeks within 7 days. (2) The respondent is to file and serve any further evidence, and an outline of submissions, on what protective orders should be made within 14 days thereafter. (3) The applicant is to file and serve any further evidence, and an outline of submissions, on what protective orders should be made within 14 days thereafter. (4) The proceedings are adjourned for the conduct of the stage 2 hearing to a date to be fixed by the Registrar. Catchwords: TRADES AND PROFESSIONS – dentist - convictions and the finding of guilty for offences – not qualified to administer prohibited drug and inappropriate treatment - failure to notify the Dental Board of prescribed matters - whether constitutes unsatisfactory professional conduct or professional misconduct Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 10 Crimes Act 1900 (NSW), ss 61, 61M, 61O Drug Misuse and Trafficking Act 1985 (NSW), ss 10, 21 Evidence Act 1995 (NSW), ss 140, 178 Health Practitioner Regulation National Law (NSW), ss 5, 109, 130, 138, 139B, 139E, 144, 150, Sch 5 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Health Care Complaints Commission v Goyer [2019] NSWCATOD 121 Health Care Complaints Commission v Grygiel (Stay application) [2019] NSWCATOD 123 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170; [1992] HCA 66 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Peter David Carr (Respondent) Representation: Counsel: I Chatterjee (Applicant)