Health Care Complaints Commission v Gupta [2018] NSWCATOD 153

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Gupta [2018] NSWCATOD 153 Hearing dates: 9, 10 July 2018; Submissions 25 July, 1 August 2018 Date of orders: 07 September 2018 Decision date: 07 September 2018 Jurisdiction: Occupational Division Before: L Pearson, Principal Member Dr R Hochstadt, Senior Member Dr E Peel, Senior Member M Maher, General Member Decision: (1) Additional Complaint 3 is not established; (2) Additional Complaint 4 is established and the Respondent is guilty of unsatisfactory professional conduct; (3) The Respondent is guilty of professional misconduct; (4) The matter is listed for hearing on 15 October 2018 at 10.00am; (5) The Applicant is to provide to the Tribunal and the Respondent any further evidence and submissions, on or before 21 September 2018; (6) The Respondent is to provide to the Tribunal and the Applicant any further evidence and submissions, on or before 5 October 2018; (7) The Applicant is to provide to the Tribunal and the Respondent any further material in reply, on or before 12 October 2018. Catchwords: TRADES AND PROFESSIONS – health practitioner – dentist – additional complaints – whether failure to comply with conditions on registration – whether obligation to notify inaccuracy in reports – whether unsatisfactory professional conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Health Care Complaints Commission v Chowdhury (No 2) [2015] NSWCATOD 127 Health Care Complaints Commission v Dr Il-Song Lee [2011] NSWMT 12 Health Care Complaints Commission v Kesserwani [2017] NSWCATOD 149 Health Care Complaints Commission v Little [2016] NSWCATOD 146 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Mitchell [2015] NSWCATOD 15 Health Care Complaints Commission v Perceval [2014] NSWCATOD 38 King v Health Care Complaints Commission [2011] NSWCA 353 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Re Dr Than Le (Medical Tribunal decision, 20 September 2001) Sudath v Health Care Complaints Commission [2012] NSWCA 171 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Hitesh Gupta (Respondent) Representation: Counsel: Mr R Bhalla (Applicant) Ms A Horvath (Respondent)