Health Care Complaints Commission v Tran [2024] NSWCATOD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tran [2024] NSWCATOD 1 Hearing dates: 10 October 2023 Date of orders: 08 January 2024 Decision date: 08 January 2024 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Dr M Stimpson, Senior Member Dr G Traynor, Senior Member J Sillince, General Member Decision: 1. Complaints One to Six are established. 2. Pursuant to s 149C(1)(c) of the Health Practitioner Regulation National Law (NSW) the registration of the respondent as a dentist is cancelled. 3. Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), the respondent may not make an application to review order (2) for a period of one year from the date of these orders. 4. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting disclosure to any person or entity of the names of the persons identified as Patients A to H of the Schedule to the applicant's Complaint. Catchwords: PROFESSIONS AND TRADES – dentistry – where complaints of unsatisfactory professional conduct and professional misconduct admitted – appropriate protective order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Crimes Act 1900 (NSW), s 58 Health Care Complaints Act 1993 (NSW), s 49 Health Practitioner Regulation National Law (NSW), ss 3, 3A, 5, 109, 130, 139B, 139E, 149C, 150, 150A Radiation Control Act 1990 (NSW), s 6 Cases Cited: Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Azzam [2021] NSWCATOD 106 Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Konigson [2021] NSWCATOD 186 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Qasim v Health Care Complaints Commission [2015] NSWCA 28 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Victor Toan Tran (Respondent) Representation: Counsel: C Fuller (Applicant) P Dwyer SC (Respondent)