Dental Council of NSW v Stewart [2018] NSWCATOD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dental Council of NSW v Stewart [2018] NSWCATOD 135 Hearing dates: 6 August 2018 Date of orders: 21 August 2018 Decision date: 21 August 2018 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member Dr J Ironside, Senior Member Dr R Hochstadt, Senior Member M Maher, General Member Decision: (1) The practitioner's registration as a dental practitioner is cancelled. (2) The practitioner is precluded from applying to the NSW Civil and Administrative Tribunal for a re-instatement order for a period of 4 weeks from the date of these orders (3) The Registrar is requested to notify the Australian Health Practitioner Regulation Agency of Orders 1 and 2 above as soon as practicable (4) Each party is to pay their own costs Catchwords: Dental Practitioner- Disciplinary Proceedings – Breach of Critical Compliance Condition of registration – registration cancelled – delay in proceedings – setting of preclusion period Legislation Cited: Health Practitioner Regulation National Law Cases Cited: Health Care Complaints Commission v Bours (No 2) [2015] NSWCATOD 80 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Stewart [2015] NSWCATOD 145 Medical Board of New South Wales v Dr Jason Jefferson Martin (NSW No 40030 of 2009) unreported Medical Council of NSW v Ghannoum [2018] NSWCATOD 6. Category: Principal judgment Parties: Dental Council of NSW (Applicant) Dr Douglas Stewart (Respondent) Representation: Counsel: Ms A Bonnor (Applicant) Mr B Wright (Respondent)