Lee v Dental Council of NSW [2021] NSWCATOD 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lee v Dental Council of NSW [2021] NSWCATOD 158 Hearing dates: 18 - 20 March 2021 3, 19 August 2021 (written submissions) Date of orders: 8 October 2021 Decision date: 08 October 2021 Jurisdiction: Occupational Division Before: A Britton, Principal Member Dr M Jonas, Senior Member Dr P Sawyer, Senior Member Dr C Berglund, General Member Decision: Pursuant to s 159C of the Health Practitioner Regulation National Law (NSW) (the National Law): (1) The decision made by the Dental Council of NSW on 24 August 2020 is set aside. (2) In substitution for that decision, pursuant to s 148E(1)(c) of the National Law, Dr Lee's registration is subject to the following conditions: (a) Not to provide or teach in any educational course or programme in the areas of acupuncture, dry needling or trigger point injection techniques in dentistry. (b) Not to practise acupuncture in the course of providing dental treatment in private practice. Catchwords: APPEALS — appeal from decision of Dental Council of NSW under s 159(1)(d) of the Health Practitioner Regulation National Law (NSW) HEALTH — Professional registration and discipline — Unsatisfactory professional conduct — whether conduct particularised in complaint amounts to "unsatisfactory professional conduct" s 139B(1)(a) Health Practitioner Regulation National Law (NSW) Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Attia v Health Care Complaints Commission [2017] NSWSC 1066 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Childs v Walton [1990] NSWCA 41 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Health Care Complaints Commission v Grygiel [2021] NSWCATOD 28 Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 Lee v Dental Council of New South Wales [2020] NSWCATOD 111 Lee v Health Care Complaints Commission [2012] NSWCA 80 Ng v Health Care Complaints Commission [2017] NSWSC 53 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Rogers v Whitaker (1992) 175 CLR 479; [1992] HCA 58 Banque Commerciale SA, En Liquidationv Akhil Holdings (1990) 169 CLR 279; [1990] HCA 11 Texts Cited: Dental Board of Australia, Code of Conduct for registered health practitioners (March 2014) Dental Board of Australia, Dental Policy – acupuncture (18 May 2016) Dental Board of Australia, Guidelines for Scope of Practice (July 2020) Dental Board of Australia, Guidelines for Scope of Practice (June 2014) Dental Board of Australia, Guidelines on dental records (July 2010) Dental Board of Australia, Guidelines on infection control (July 2010) Dental Board of Australia, Scope of practice registration standard (July 2020) Dental Board of Australia, Scope of Practice Registration Standard (June 2014) Category: Principal judgment Parties: Dr Kenneth Lee (Applicant) Dental Council of NSW (Respondent) Representation: Counsel: A Cornish (Applicant) A Petrie (Respondent) Solicitors: Esplins Solicitors (Applicant) Dental Council of NSW (Respondent) File Number(s): 2020/00255708 Publication restriction: Nil