Health Care Complaints Commission v Gupta [2022] NSWCATOD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Gupta [2022] NSWCATOD 141 Hearing dates: 8 August 2022 Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Dr M Stimpson, Senior Member Dr A Kingon, Senior Member M Christensen, General Member Decision: (1) The respondent is guilty of unsatisfactory professional conduct under s 139B(1)(c) of the National Health Practitioner Regulation Law (NSW). (2) The respondent is guilty of unsatisfactory professional conduct under s 139B(1)(a) of the National Health Practitioner Regulation Law (NSW). (3) The respondent is guilty of unsatisfactory professional conduct under s 139B(1)(l) of the National Health Practitioner Regulation Law (NSW). (4) The respondent is guilty of professional misconduct under s 139E of the National Health Practitioner Regulation Law (NSW). (5) The respondent's registration as a dentist is cancelled. (6) The respondent may not apply for review of the cancellation order for a period of two years. (7) The Tribunal proposes to order the respondent to pay the applicant's costs as agreed or as assessed. If either party seeks some other order, they should provide submissions to the Registry and the other party within two weeks of the date of publication of these reasons, and that party should reply within a further two weeks. Catchwords: PROFESSIONS AND TRADES – health care professional – dentistry – where practitioner admits he is guilty of unsatisfactory professional conduct and professional misconduct – appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW) – ss 5, 139B(1)(a), 139B(1)(c), 139B(1)(l), 139E Cases Cited: Health Care Complaints Commission v Abrams [2021] NSWCATOD 128 Health Care Complaints Commission v Bradley [2022] NSWCATOD 47 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham Health Care Complaints Commission v Kaye (No 2) [2022] NSWCATOD 79 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Ly [2010] NSWMT 20 Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Health Care Complaints Commission v Saab (No 2) [2020] NSWCATOD 64 Health Care Complaints Commission v Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Simpson [2018] NSWCATOD 49 Health Care Complaints Commission v Tran [2021] NSWCATOD 82 New South Bar Association v Meakes [2006] NSWCA 340 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Re Dr Than Le [2001] NSWMT, 20 September 2001 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Sidharath Kumar Gupta (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (self - represented) File Number(s): 2021/00221418 Publication restriction: A non-publication order pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) is made in respect of the person identified as Dentist A in the Schedule attached to the Complaint and the person identified in the proceedings as the practitioner's mentor.