Health Care Complaints Commission v Smith [2021] NSWCATOD 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Smith [2021] NSWCATOD 187 Hearing dates: 18 - 19 October 2021 Date of orders: 18 November 2021 Decision date: 18 November 2021 Jurisdiction: Occupational Division Before: O Shub, Senior Member Dr M Stimpson, Senior Member Dr R Watson, Senior Member Dr C Berglund, General Member Decision: (1) The registration of the Respondent is cancelled. (2) The Respondent shall not be entitled to apply for re‑registration as a dentist for a period of two years from the date of this decision. (3) Until such time as the Respondent is re registered as a dentist, the Respondent must not work as a dentist or provide dental services to members of the public. (4) The Respondent shall pay the Applicant's costs as agreed or assessed. (5) The prohibition made of the disclosure of the name of the parties named in the Complaint under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) remains. Catchwords: HEALTH — Professional registration and discipline — Complaints – failure to maintain PII insurance – lack of hygiene – treatment while non‑practising – failure to notify National Board Legislation Cited: Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) Health Records and Information Privacy Act 2002 Cases Cited: Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Clyne v NSW Bar Association (1960) 104 CLR 186 Health Care Complaints Commission v Do [2014] NSWCA 307 HCCC v Fraser [2014] NSWCATOD 29 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 AUR 170 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: ADA Code of Ethics II 2017 Dental Board of Australia Guidelines Professional Indemnity Insurance Arrangements Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Robert Charles Smith (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2021/00113494 Publication restriction: Prohibition of the disclosure of the names of the patients in the Schedule to the Complaint under s64(1)(a) of the Civil & Administrative Tribunal Act 2013 (NSW).