Health Care Complaints Commission v Hanna (No. 2) [2024] NSWCATOD 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hanna (No. 2) [2024] NSWCATOD 193 Hearing dates: 29 July 2024, submissions 12 August 2024 Date of orders: 02 December 2024 Decision date: 02 December 2024 Jurisdiction: Occupational Division Before: E Bishop SC, Senior Member Dr J Ironside, Senior Member Dr K Campbell, Senior Member J Sillince, General Member Decision: (1) The respondent is reprimanded under the National Law, s 149A(1)(a). (2) The following conditions are imposed on the respondent's registration for a period of 6 months. Condition 1: (a) To satisfactorily complete education approved by the Dental Council of NSW and that has the following characteristics: Content or learning objectives: Ethics in Dentistry. (b) Within two (2) months of course approval the respondent must provide evidence to the Council of enrolment in the approved course. (c) The respondent must complete the course within six (6) months of course approval or otherwise at a date determined by the Council. (d) Within one (1) month of completing the approved course, the respondent is to provide documentary evidence of satisfactory completion to the Council. (e) The respondent is to bear responsibility for the costs. Condition 2: (a) The respondent is to attend for treatment by a psychiatrist specialising in addiction medicine of his choice. The frequency of treatment is to be determined by the treating practitioner. (b) The respondent is to authorise the treating practitioner to inform the Dental Council of NSW of any of the following; (i) failure to attend for treatment; (ii) termination of treatment; or (iii) a significant change in health status (including temporary change). (c) The respondent must provide the Council with the professional details of the treating practitioner. (d) The respondent is to authorise the treating practitioner to provide the Council with a copy of the treatment reports. Condition 3: (a) The respondent is to attend for treatment by a psychologist of his choice. The frequency of treatment is to be determined by the treating practitioner. (b) The respondent is to authorise the treating practitioner to inform the Dental Council of NSW of any of the following: (i) failure to attend for treatment; (ii) termination of treatment; or (iii) a significant change in health status (including temporary change). (c) The respondent must provide the Council with the professional details of the treating practitioner. (d) The respondent is to authorise the treating practitioner to provide the Council with a copy of the treatment reports. Condition 4: (a) The respondent is to comply with the Dental Council of NSW's Drug Screening Policy and Participant Procedure - drug screening (as varied from time to time) and: (i) attend for urine drug screening (UDS) on a random basis; (ii) to authorise the testing facility to forward all results of drug screening to: (A) the Council; (B) his treating practitioners; (b) the respondent is to bear responsibility for the costs incurred in meeting this condition. (3) The Dental Council is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW). (4) Sections 125 to 127 of the Health Practitioner Regulation National Law are to apply whilst the respondent's principal place of practice is anywhere in Australia other than in New South Wales, so that a review of these conditions can be conducted by the Dental Board of Australia. (5) The respondent is to pay the applicant's costs as agreed or assessed under the National Law, cl 13 of Sch 5D. Catchwords: HEALTH — professional registration and discipline — dental practitioner — appropriate protective orders where guilty of professional misconduct regard non-compliance with Dental Council Policy Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 149A(1), 149C(1) Cases Cited: Hanna v Dental Council of New South Wales [2022] NSWCATOD 54 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Hanna [2024] NSWCATOD 26 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Peeke v Medical Board of Victoria [1994] VSC 7 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) James Mina Hanna (Respondent) Representation: Counsel: A Petrie (Applicant) M Robinson SC and C Jackson (Respondent)