Health Care Complaints Commission v Chan [2017] NSWCATOD 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chan [2017] NSWCATOD 66 Hearing dates: 13 December 2016 Date of orders: 01 May 2017 Decision date: 01 May 2017 Jurisdiction: Occupational Division Before: A Britton, Principal Member R Hochstadt, Professional Member J Draper, Professional Member D Anderson, General Member Decision: (1) Pursuant to s 149A(1)(b) of the Health Practitioner Regulation National Law (NSW), Dr Chan is reprimanded.

(2) Pursuant to s 149A(1)(b)of the Health Practitioner Regulation National Law (NSW), Dr Chan must:

Inspection of practice

(a) Submit to an inspection of every practice in which he provides dental services by a person or persons nominated by the Dental Council of NSW (the Council), conducted in accordance with the following conditions:

(i) The inspection must be held within three months from the date of this decision and subsequently at a frequency determined by the Council.

(ii) The inspector(s) must examine and assess infection control standards and relevant clinical records to ensure compliance with the Dental Board of Australia's Guidelines in Infection Control.

(iii) Dr Chan must authorise the inspector(s) to provide the Council with a report of their findings.

(iv) Dr Chan must meet all costs associated with the inspection(s) and any subsequent reports.

Mentoring

(b) Within 28 days of the date of this decision, Dr Chan must nominate a registered experienced dental practitioner to act as his professional mentor for approval by the Council in accordance with the Council's Compliance Policy – Mentor, March 2016 (as varied from time to time) and the Mentor Position Statement and as subsequently determined by the appropriate review body.