Health Care Complaints Commission v Carr (No 2) [2021] NSWCATOD 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Carr (No 2) [2021] NSWCATOD 56 Hearing dates: 23 February 2021 Date of orders: 10 May 2021 Decision date: 10 May 2021 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 respondent's registration is cancelled. (2) The respondent may not apply for review of order 1 for one year from the date of these orders. (3) The proceedings are otherwise dismissed. (4) The respondent is to pay the costs of the applicant of the proceedings as agreed or assessed. (5) If either party seeks to vary order 4, they shall within 14 days notify the other party and request the Registry list the proceedings for directions. Catchwords: HEALTH — professional registration and discipline — registration — where practitioner convicted of aggravated indecent assault and guilty of professional misconduct — whether practitioner's registration should be suspended or cancelled Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Health Practitioner Regulation National Law (NSW), ss 5, 139B, 139E, 144, 149, 149A, 149C, Sch 5D, cl 13 Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 HCCC v Abraham [2013] NSWDT 2 Health Care Complaints Commission v Carr [2020] NSWCATOD 131 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Hanna [2018] NSWCATOD 113 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Schmaman [2019] NSWCATOD 82 Lee v Health Care Complaints Commission [2012] NSWCA 80 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: Australian Dental Association, "Policy Statement 6.17 – Conscious Sedation in Dentistry" (April 2020) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Peter David Carr (Respondent) Representation: Counsel: I Chatterjee (Applicant)