Coutinho v Dental Council of New South Wales [2018] NSWCATOD 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Coutinho v Dental Council of New South Wales [2018] NSWCATOD 98 Hearing dates: 25 May 2018 Date of orders: 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Occupational Division Before: A P Coleman SC, Senior Member Dr J Highfield, Professional Member Dr J Dale AO, Professional Member Ms R Kusuma, General Member Decision: (1) Appeal allowed.

(2) The orders of the Dental Council of New South Wales made on 18 December 2017 suspending the registration of the appellant are set aside.

(3) The respondent is to pay the appellant's costs of the appeal as agreed or assessed.

(4) In accordance with Schedule 5D clause 7 of the Health Practitioner Regulation National Law and section 64 of the Civil and Administrative Tribunal Act 2013 (NSW) the publication is prohibited of the name, address and any material identifying:

(a) any former patient of Dr Coutinho mentioned in the proceedings or evidence, including without limitation the complainant referred to in Exhibit 1 tab 2 at folio 26; or

(b) any registered health practitioner, other than Dr Coutinho or his wife, mentioned in the proceedings or evidence. Catchwords: PROFESSIONS - suspension of dental practitioner's registration - serious criminal offence - whether in public interest to suspend registration. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) No 86a. Road Transport Act 2013 (NSW) Cases Cited: Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 Lindsay v NSW Medical Board [2008] NSWSC 40 Zeims v the Prothonotary (1957) 97 CLR 279 Category: Principal judgment Parties: Dr A Coutinho - Appellant Dental Council of New South Wales - Respondent Representation: Counsel: