BCS v Dental Council of NSW [2015] NSWCATOD 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BCS v Dental Council of NSW [2015] NSWCATOD 157 Hearing dates: 7 September 2015 Date of orders: 09 November 2015 Decision date: 09 November 2015 Jurisdiction: Occupational Division Before: A Britton - Principal Member Dr A Lang - Professional Member Dr F Wright - Professional Member Dr C Berglund - Occasional Member Decision: Pursuant to s 159C(1) of the Health Practitioner Regulation National Law (NSW), the conditions imposed by the Dental Council of NSW on 30 April 2015 on the appellant's registration as a dentist, are confirmed. The appeal is otherwise dismissed. If either party elects to make an application for costs, they must file and serve that application and any submissions in support, within 14 days of the date of this decision. If that application is opposed, the party opposing that application must file and serve any submissions in reply within 14 days of receipt of the application and submissions. Any party seeking to make an application for the continuation of the order prohibiting the publication of the name of the appellant, must file and serve an application and submissions in support within 14 days of the date of this decision. If that application is opposed, the party opposing that application must file and serve any submissions in reply within 14 days of receipt of the other party's application and submissions. Catchwords: ADMINISTRATIVE LAW — Civil and Administrative Tribunal (NSW) — appeal from decision of Dental Council of NSW — nature of appeal under s 159 of Health Practitioner Regulation National Law — Power to make orders under s 150 of Health Practitioner Regulation National Law health practitioner — Whether the imposition of chaperone conditions is appropriate for the protection of the health or safety of any person(s) Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Child Protection (Working with Children) Act, 2012 (NSW) Cases Cited: Bova v Pharmacy Council of NSW [2014] NSWCATOD 40 Saedlounia v Medical Council of New South Wales [2015] NSWCATOD 53 TK v R [2009] NSWCCA 151 BCS v The Children's Guardian [2014] NSWCATAD 81 BCS v NSW Civil and Administrative Tribunal [2015] NSWSC 125 Category: Principal judgment Parties: BCS (Applicant) Dental Council of New South Wales (Respondent) Representation: Counsel: P Griffin SC (Applicant) B Baker (Respondent)