Health Care Complaints Commission v Dr Son [2014] NSWCATOD 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Son [2014] NSWCATOD 145 Hearing dates: 3, 4, 5 November 2014 Decision date: 04 December 2014 Jurisdiction: Occupational Division Before: N O'Neill, Principal Member Dr R Hochstadt, Dentist Member Dr A Lang, Dentist Member S Edmonds, Lay Member Decision: The tribunal: 1. Found the complaint of unsatisfactory professional conduct against Dr Son proved. 2. Found the complaint of professional misconduct against Dr Son not proved. 3. Reprimanded Dr Son. 4. Ordered that the conditions imposed on Dr Son prior to the inquiry be revoked and replaced by the conditions set out in paragraph 65 of these reasons for decision. 5 Ordered that, unless one or both parties request, within 21 days of the publication of these reasons for decision, a directions hearing to set up arrangements for further submissions in relation to costs, there will be no order for costs in this matter. 6 Ordered that the name of Patient A set out in the Schedule to the Complaint and any reference to any member of Patient A's family shall not be published to any person except the parties to these proceedings Catchwords: ADMINISTRATIVE LAW - NCAT's jurisdiction in relation to health practitioners - dentists, unsatisfactory professional conduct, treating with a restricted substance for an inappropriately long period and failure to refer a patient on treatment when treatment not working - conditions - costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Medical Tribunal in Health Care Complaints Commission v King [2012] NSWMT 9 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Ilyong Son (Respondent) Representation: Health Care Complaints Commission (Complainant) Meridian Lawyers (Respondent) File Number(s): 1420198 Publication restriction: The name of Patient A set out in the Schedule to the Complaint and any reference to any member of Patient A's family shall not be published to any person except the parties to these proceedings