Hanna v Dental Council of New South Wales (No. 2) [2023] NSWCATOD 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hanna v Dental Council of New South Wales (No. 2) [2023] NSWCATOD 146 Hearing dates: 27 July 2023 Date of orders: 27 July 2023 Decision date: 27 September 2023 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member Dr J Dale, Senior Member Dr M Jonas, Senior Member R Kusuma, General Member Decision: The following orders were made by consent: (1) Interim Stay dated 25 May 2023 be lifted. (2) Suspension dated 17 March 2023 be set aside. (3) Conditions to be imposed on Dr Hanna's registration for a period of 12 months from the date of the Tribunal's orders: (a) To comply with the Dental Council of New South Wales Drug Screening Policy and Participant Procedure - drug screening (as varied from time to time) and attend for: (i) Urine drug screening (UDS) random. (b) To authorise the testing facility to forward all results of UDS to: (i) The Council; and (ii) Treating practitioners. (c) To attend for treatment by a psychiatrist specialising in addiction medicine of his choice. The frequency of treatment is to be monthly. Dr Hanna: (i) Is to authorise the treating practitioner to inform the Dental Council of NSW of any of the following: (A) Failure to attend for treatment (B) Termination of treatment; or (C) A significant change in health status (including temporary change). (ii) Must provide the Council with the professional details of the treating practitioner/s. (iii) Is to authorise the treating practitioner to provide the Council with a copy of the treatment reports. (4) Each party pay its or his own costs of the stay and appeal proceedings. Catchwords: OCCUPATIONS – Dental practitioner – Appeal from decision to suspend practitioner – Where practitioner had positive drug tests indicating cocaine use – Where practitioner had failed to comply with conditions on registration – Where expert evidence indicated that practitioner did not have a substance use disorder – Whether practitioner posed a risk to the health and safety or any person– Whether appropriate to take action for protection of health or safety or any person or whether action is in public interest - Whether suspension appropriate – Whether proposed conditions adequately address risk to patients Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Ghosh v Medical Council of New South Wales (2020) 102 NSWLR 303; [2020] NSWCA 122 Hanna v Dental Council of New South Wales [2023] NSWCATOD 71 Kirby v Dental Council of NSW [2020] NSWCA 91 Medical Council of New South Wales v Smithson [2021] NSWCA 53 Texts Cited: Nil Category: Principal judgment Parties: James Hanna (Applicant) Dental Council of New South Wales (Respondent) Representation: Counsel: M Robinson SC and C Jackson (Applicant) A Petrie (Respondent)