Hanna v Dental Council of New South Wales [2023] NSWCATOD 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hanna v Dental Council of New South Wales [2023] NSWCATOD 71 Hearing dates: 25 May 2023 Date of orders: 26 May 2023 Decision date: 02 June 2023 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Decision: 1 Pursuant to s 165L(2) of the Health Practitioner Regulation National Law (NSW), the decision of the delegates of the Dental Council of NSW on 17 March 2023 to suspend Dr Hanna's registration with effect from 18 March 2023, for which reasons were given on 9 May 2023, is stayed until the substantive appeal in this matter has been finally determined. 2 Notes: Dr Hanna's registration as a dental practitioner is subject to the following condition, imposed by the Dental Council of NSW and set out in the Notification of Conditions at p 94 of Exhibit A1: 1. To comply with the Dental Council of NSW's Drug Screening Policy and Participant Procedure - drug screening (as varied from time to time) and : (a) attend for urine drug screening (UDS) on a random basis (b) to authorise the testing facility to forward all results of drug screening to (i) the Council (ii) his treating practitioners (iii) the Council appointed practitioner. He is to bear responsibility for the costs incurred in meeting this condition. The stay granted on 26 May 2023 was granted in reliance upon the undertaking given by Dr Hanna in his Statutory Declaration made on 25 May 2023. In the event that the undertaking is not honoured, an application may be made to revoke the stay order. Catchwords: HEALTH — Professional registration and discipline — application for stay of order made under s 150 of the Health Practitioner Regulation National Law (NSW) Legislation Cited: Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Hanna v Dental Council of New South Wales [2022] NSWCATOD 54 Medical Council of New South Wales v Lee [2017] NSWCA 282 Medical Council of New South Wales v Smithson [2021] NSWCA 53 Pridgeon v Medical Council of New South Wales [2022] NSWCA 60 Cases Cited: Health Practitioner Regulation National Law (NSW) Category: Procedural rulings Parties: James Hanna (Applicant) Dental Council of New South Wales (Respondent) Representation: Counsel: M Robinson SC and P Skinner (Applicant)