Health Care Complaints Commission v Caruana [2024] NSWCATOD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Caruana [2024] NSWCATOD 13 Hearing dates: 5 December 2023 Date of orders: 5 December 2023 Decision date: 29 January 2024 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Dr E Peel, Senior Member Dr M Jonas, Senior Member J Houen General Member Decision: 1. Complaint One is established. 2. Complaint Two is established. 3. The respondent's registration as a dentist is cancelled. 4. The respondent may not apply for review of the cancellation order for a period of 3 years. 5. If the respondent opposes the Tribunal's proposal that he pay the applicant's costs as agreed or as assessed: (a) the respondent must file submissions on or before 12 February 2024; (b) the applicant may reply on or before 26 February 2024. Catchwords: PROFESSIONS AND TRADES – dentistry – complaints of impairment and competence – appropriate protective order Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 5, 139, 144, 145E, 149C, 150 Cases Cited: Gayed v Walton [1997] NSWCA 121 Health Care Complaints Commission v Clarke [2022] NSWCATOD 146 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Qasim [2014] NSWCATOD 42 Health Care Complaints Commission v Richardson [2022] NSWCATOD 148 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Richard Caruana (Respondent) Representation: Counsel: A B Petrie (Applicant)