Saadi v Dental Council of NSW [2014] NSWCATOD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Saadi v Dental Council of NSW [2014] NSWCATOD 36 Hearing dates: Decided on the Papers Decision date: 17 April 2014 Jurisdiction: Occupational Division Before: O Shub (Principal Member) Decision: Pursuant to Section 163 (1)(a1) that the council is the appropriate review body to review an application for removal of restrictions on the Applicant's registration Catchwords: Dentist - Unsatisfactory professional conduct Legislation Cited: Health Practitioner Regulation National Law (NSW) (The National Law) Cases Cited: Arkita McAuley v Nursing and Midwifery Council New South Wales [2013] NSW MT 13 at paragraph 27 Category: Principal judgment Parties: Dr Abdulla Hristo Saadi (Applicant) The Dental Council of NSW (Respondent) Representation: Sparke Helmore (Applicant) Christine Campbell (Respondent) File Number(s): 1420090

reasons for decision Background 1On 11 November 2013 the Applicant did by letter lodge a request with the executive officer of the council. That request was made pursuant to section 163(1)(a1) of the National Law (NSW) to the then chairperson of the Dental Tribunal of New South Wales to designate the Council as the appropriate review body for reviewing conditions imposed on the Applicant's registration. Those conditions stemmed from enquiries held by the council on the 4th of February 2011 and 20th May 2011 and the exercise of the Council's powers under section 148E of the National Law. Copies of those enquiry decisions were made available to the Principal Member. 2Neither the Council enquiry decision dated 4th of February 2011 nor the Council enquiry decision dated 20th of May 2011 specified that the Council is to be the appropriate review body for the purposes of a review application under section 163A of the National Law. 3The Council supports this application.