Health Care Complaints Commission v Dr Stephen Poole [2014] NSWCATOD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Stephen Poole [2014] NSWCATOD 20 Hearing dates: 19, 20 February 2014, Sydney Decision date: 26 March 2014 Jurisdiction: Occupational Division Before: Mr Oscar Shub (Principal member) Dr Robert Hochstadt (Dentist member) Dr Angie Lang (Dentist member) Dr Catherine Berglund PhD (Lay member) Decision: The Tribunal finds Complaint One (as amended) and its particulars and Complaint Two as amended and all its particulars established. The Tribunal finds the Respondent guilty of unsatisfactory professional conduct and professional misconduct. Catchwords: Dentist - Unsatisfactory Professional Conduct, Professional misconduct, failed implants, crowns, bridges, failure to respond to complaint in reasonable time, order to repay fees, conditions placed on registration, breach of conditions. Legislation Cited: Dental Practice Act 2001 Health Practitioner Regulation National Law (NSW) (the National Law) Cases Cited: Briginshaw vs Briginshaw (1938) 60 CLR 336 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Stephen Poole (Respondent) Representation: Counsel Mr Griffin, (Complainant) Health Care Complaints Commission (Complainant) No appearance (Respondent) File Number(s): 1420011

reasons for decision

Background

Complaint One 1Doctor Stephen Poole (The Practitioner) is guilty of unsatisfactory professional conduct pursuant to S139 B (i)(c) of the National Law in that the Practitioner contravened a condition on his registration. 2At a meeting that the Board held under division 4 of the Dental Practice Act (Repealed) 2001 (the DP Act) on the 4th of September 2009, the former Dental Board of New South Wales (Board) then determined that the practitioner's treatment of Patient A amounts to unsatisfactory professional conduct. The Board ordered that the practitioner must: (1) Compensate Patient A in the amount of $32,400; (2) Provide the Board within 6 months time, treatment plans and records for six patients so that the Board can be satisfied that his record-keeping is at the required standard. 3In addition, a practice condition was placed on the practitioner's registration as follows: "he is not to provide fixed crown and bridgework until it can be demonstrated to the Board that he has undertaken courses (approved by the Board) in treatment planning, crown and bridgework, implants and periodontal therapy to the satisfaction of the Board.