Health Care Complaints Commission v Al-Mozany (No 6) [2024] NSWCATOD 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Al-Mozany (No 6) [2024] NSWCATOD 8 Hearing dates: 4, 5, 6, 7 and 8 July, 17 and 18 October 2022, 24, 29, 30 and 31 May and 23 June 2023 Date of orders: 23 January 2024 Decision date: 23 January 2024 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Dr G Labour, Senior Member Dr N Xouris, Senior Member D Telford, General Member Decision: 1. Complaint One is established: the respondent is guilty of unsatisfactory professional conduct. 2. Complaint Two is not established. 3. Complaint Three is established: the respondent is guilty of professional misconduct. 4. Costs are reserved. Catchwords: PROFESSIONS AND TRADES – dentistry –complaints of unsatisfactory professional conduct and professional misconduct Legislation Cited: Health Care Complaints Act 1993 (NSW), s 30(2A) Health Practitioner Regulation National Law (NSW) – ss 41, 139B, 149A, 149C Cases Cited: Al-Mozany v Dental Council of New South Wales (No 2) [2021] NSWCATOD 212 Al-Mozany v Dental Council of New South Wales [2021] NSWCATOD 110 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334 Gentle Dental Care Group Pty Ltd v Al-Mozany [2021] NSWSC 1234 Ghosh v Health Care Complaints Commission [2022] NSWCA 229 Gussoni v Burnheim [2018] NSWCATAP 75 Health Care Complaints Commission v Al Mozany (No 3) [2022] NSWCATOD 75 Health Care Complaints Commission v Al Mozany [2022] NSWCATOD 70 Health Care Complaints Commission v Al-Mozany (No 4) [2023] NSWCATOD 3 Health Care Complaints Commission v Al-Mozany (No 5) [2023] NSWCATOD 53 Health Care Complaints Commission v Al-Mozany [2021] NSWCATOD 51 Health Care Complaints Commission v Cheung [2018] NSWCATOD 10 Health Care Complaints Commission v Fraser [2014] NSWCATOD 29 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Health Care Complaints Commission v Ovchinnikov [2017] NSWCATOD 62 Mifsud v Campbell (1991) 21 NSWLR 725 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 Soulmezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission, Applicant Saad Abdul-Hassan Al-Mozany, Respondent Representation: Counsel: A B Petrie (Applicant)