Health Care Complaints Commission v Fraser [2023] NSWCATOD 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Fraser [2023] NSWCATOD 187 Hearing dates: 6 December 2023 Date of orders: 19 December 2023 Decision date: 19 December 2023 Jurisdiction: Occupational Division Before: HJ Dixon SC, Senior Member Dr A Lang, Senior Member Dr J Coolican AM, Senior Member R Leontini, General Member Decision: 1. The practitioner is guilty of unsatisfactory professional conduct. 2. The practitioner is guilty of professional misconduct. 3. The proceedings are to be listed for directions in respect of a Stage 2 hearing at a date to be determined by the Registrar. Catchwords: OCCUPATIONS – Dental Practitioners – Misconduct and discipline – Unsatisfactory Professional Conduct – Professional misconduct – permitting unregistered practitioner to treat patient Legislation Cited: Civil and Administrative Tribunal Act 2013, s 64(1) Dental Practise Act 2001 Health Practitioner Regulation National Law (NSW), ss 139B, 139E, 149C, cl 13 of Sch 5D Cases Cited: Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Health Care Complaints Commission v Daniel [2022] NSWCATOD 104 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Parker v Controller of Customs [2009] HCA 7 Sabag v Health Care Complaints Commission [2001] NSWCA 41 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Cary Anthony Fraser (Respondent) Representation: Counsel: M Hutchings (Respondent) Solicitors: Health Care Complaints Commission (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2023/00105272 Publication restriction: It is noted that on 14 April 2023, the Tribunal made an order pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 that publication of the name of the person named in the Schedule to the complaint, referred to as Patient A, is prohibited.