D’Rozario v Dental Board of Australia [2015] NSWCATOD 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: D'Rozario v Dental Board of Australia [2015] NSWCATOD 19 Hearing dates: 27 February 2015 Decision date: 23 March 2015 Jurisdiction: Occupational Division Before: D Robinson, Principal Member A Blinkhorn, Professional Member T Boland, Professional Member F Taylor, Lay Member Decision: 1.The Appeal is dismissed and the decision of the Dental Board is confirmed.

2. The Appellant is to pay the costs of and incidental to the proceedings of the Respondent as agreed and failing agreement liberty to restore before the Tribunal for assessment. Catchwords: Decision by Dental Board to refuse specialist registration – Appeal - sections 57 and 58 of the National Law - Does the Tribunal have a discretion to allow specialist registration where qualifications once were but are no longer recognised as sufficient for specialist registration Legislation Cited: Health Practitioner Regulation National Law No 86 A Civil and Administrative Tribunal Act 2013 Cases Cited: Chinese Medicine Board of Australia v Lee [2014] QCA 149; Draper v Psychology Board [2013] NSWPST 13; Pereira v Psychology Board [2014] VSC 417; Briginshaw v Briginshaw (1936) 60 CLR 336; Susan McMahon v Nursing and Midwifery Board of Australia [2013] NSWNMT 4; Barrett v Medical Board of Australia [2012] NSWMT 21 Category: Principal judgment Parties: Robin D'Rozario, (Appellant) Dental Board of Australia, (Respondent) Representation: R D'Rozario, (Appellant in person) Crown Solicitor's Office (Respondent) File Number(s): 1420329