Health Care Complaints Commission v Lam [2024] NSWCATOD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Lam [2024] NSWCATOD 151 Hearing dates: 12 December 2023 Date of orders: 18 September 2024 Decision date: 18 September 2024 Jurisdiction: Occupational Division Before: T Simon, Principal Member J Ironside, Senior Member, Dr A Lang, Senior Member S Lovrovich, General Member Decision: (1) Mr Lam's registration as a dentist is cancelled. (2) An application for review of the cancellation may not be made until after three years from the date of the orders. (3) Mr Lam is prohibited from providing any health service, as defined under s 4 of the Health Care Complaints Act 1993, for three years from the date of the orders. (4) Mr Lam is to pay the Health Care Complaints Commission's costs of the proceedings in the Tribunal, as agreed or assessed. Catchwords: HEALTH – professional registration – registered dentist – conviction – unsatisfactory professional conduct - the practitioner's fitness to practice dentistry - appropriate protective orders – prohibition orders – costs Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW), Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Gayed v Walton [1997] NSWCA 121 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Pilkington [2020] NSWCATOD 21 Lee v Health Care Complaints Commission [2012] NSWCA 80 Texts Cited: None Cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Vi Minh Lam (Respondent) Representation: Counsel: S Maybury (Applicant)