Health Care Complaints Commission v Jangodaz [2016] NSWCATOD 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Jangodaz [2016] NSWCATOD 71 Hearing dates: 23 May 2016 Date of orders: 03 June 2016 Decision date: 03 June 2016 Jurisdiction: Occupational Division Before: J Millbank, Senior Member D Cockrell, Professional Member M Sinclair, Professional Member J Floyd, General Member Decision: (1) Pursuant to s 149C(1)(b) of the National Law, the Tribunal declares that the practitioner's registration as a Dentist on the National Register of Health Practitioners maintained by the Australian Health Practitioner Regulation Agency is cancelled from the date of this order; (2) Pursuant to s 149C(7) the practitioner may not make an application to the Tribunal under Division 8 to return to the register until at least 1 year from the date of this order; (3) A non publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the disclosure or publication of the name of Patient A in the schedule to the complaint; (4) Costs in favour of the Commission pursuant to cl 13(1) of Sch 5D of the National Law as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: Dentistry; sexual relationship with patient; boundary violation; inappropriate clinical notes; pressure on patient to withdraw complaint; termination of incomplete treatment without referral to another practitioner Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 64; Health Practitioner Regulation National Law 2009 (NSW) ('The National Law') s 139B; s 139E; s 149C(1),(7); cl 13(1) Sch 5D Cases Cited: Briginshaw v Briginshaw [1938] HCA 34, (1983) 60 CLR 336; HCCC v Della Bruna [2014] NSWCATOD 31; HCCC v Eftimoski [2015] NSWCATOD 51 HCCC v Fraser [2014] NSWCATOD 29 HCCC v Jamieson [2014] NSWCATOD 56 HCCC v Litchfield (1997) 41 NSWLR 630, [1997] NSWSC 297; HCCC v Lau [2011] NSWPHT 2 HCCC v Perroux [2011] NSWDC 99 In re Sood [2006] NSWMT 1; Prakash v HCCC [2006] NSWCA 153 Sabag v HCCC [2001] NSWCA 411 Texts Cited: Dental Board of Australia, Code of Conduct (undated, in force 2013); Australian Dental Association, Policy Statement 6.5.2 "Professional Boundaries" Category: Principal judgment Parties: Health Care Complaints Commission (HCCC) (Applicant) Reza Jangodaz (Respondent) Representation: Counsel: Ms Hartstein (Applicant) Ms Richardson (Respondent)