O'Meara v The Dental Council of New South Wales [2014] NSWCATOD 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Meara v The Dental Council of New South Wales [2014] NSWCATOD 19 Hearing dates: On the papers Decision date: 26 March 2014 Jurisdiction: Occupational Division Before: O Shub, Principal Member F A Clive Wright, Occasional Member Dr Frederick Shane Fryer, Occasional Member Emeritus Professor Derek Anderson (lay member) Decision: The Tribunal finds particular one of the complaint proven but finds particulars 2 and 3 not proven. The Tribunal finds that Dr O'Meara is not guilty of unsatisfactory professional conduct and sets aside the decision of the respondent in that regard. The Tribunal accordingly sets aside the caution of Dr O'Meara, the order that Dr O'Meara repay the complainant all fees received and the order requiring Dr O'Meara to enrol in an education course. Catchwords: Dentist - Unsatisfactory Professional Conduct, inadequate diagnosis, records and treatment planning for a specialist practitioner, failure to recognise and manage centreline discrepancy, incorrect classification on molar malocclusion. Legislation Cited: Health Practitioners Regulation National Law of NSW ("National Law") sections 144, 145B, 147D(3)(a), 146, 146B, 148, 148E, 148F, 159(3), 161(b) (1) and 159C Cases Cited: Briginshaw v Briginshaw [1938] HCA34 (1938) 60 CLR 336 Category: Principal judgment Parties: Dr Antony O'Meara (Appellant) Dental Council of New South Wales (Respondent) Representation: Pain Ross & Co (Appellant) HPCA Christine Campbell (Respondent) File Number(s): 1420036 Publication restriction: No