Health Care Complaints Commission v Starkenburg [2017] NSWCATOD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Starkenburg [2017] NSWCATOD 22 Hearing dates: 30 January 2017 Date of orders: 09 February 2017 Decision date: 09 February 2017 Jurisdiction: Occupational Division Before: J Millbank, Senior Member S Liberali, Professional Member T Boland, Professional Member A Johnston, General Member Decision: (1) A non publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting disclosure or publication of the name of the Patient A in the schedule to the complaint and any other patients named in the Respondent's evidence; (2) The practitioner's registration in Dentistry is cancelled pursuant to s149C(1)(b) of the National Law; (3) The Commission is entitled to their costs 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 Catchwords: Dentistry – infection control – hygiene – sterilisation of equipment – out of date materials – inadequate health records Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 64; Health Practitioner Regulation National Law 2009 (NSW) ('The National Law') ss 3A, 149C(1)(b); cl 13(1) Sch 5D Cases Cited: Briginshaw v Briginshaw [1938] HCA 34, (1983) 60 CLR 336; Gad v HCCC [2002] NSWCA 111; HCCC v Do [2014] NSWCA 307; HCCC v Philipiah [2013] NSWCA 342; HCCC v Litchfield (1997) 41 NSWLR 630; Lee v HCCC [2012] NSWCA 80; Qasim v HCCC [2015] NSWCA 282; Sabag v HCCC [2001] NSWCA 411 Texts Cited: Australian Dental Association (ADA) Guidelines for Infection Control 2nd ed 2012-2014; 3rd ed 2015; Australian/New Zealand Standard 4815, Office-based health care facilities – Reprocessing of reusable medical and surgical instruments and equipment and maintenance of the associated environment, 2006; Dental Board of Australia (DBA) Guidelines on Continuing Professional Development 29 March 2011; DBA Fact Sheet: Infection Control Obligations under the National Law; DBA Guidelines on Dental Records 1 July 2010; NHMRC, Guidelines for the Prevention and Control of Infection in Healthcare, 2010; Category: Principal judgment Parties: Health Care Complaints Commission (HCCC) (Applicant) Robert Starkenburg (Respondent) Representation: Counsel: V Hartstein (Applicant)