Health Care Complaints Commission v Gupta [2019] NSWCATOD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Gupta [2019] NSWCATOD 29 Hearing dates: 9, 10 July, 15 October 2018; submissions 25 July, 1 August, 21 September, 10 October, 12 October, 9 November, 26 November, 7 December 2018 Date of orders: 21 February 2019 Decision date: 21 February 2019 Jurisdiction: Occupational Division Before: L Pearson, Principal Member Dr R Hochstadt, Senior Member Dr E Peel, Senior Member M Maher, General Member Decision: (1) The respondent practitioner Dr Hitesh Gupta is reprimanded. (2) The conditions set out below in the Schedule-Practice Conditions are imposed on Dr Gupta's registration. (3) The Dental Council of NSW is the appropriate review body for the purposes of Division 8 of Part 8 of the Health Practitioner Regulation National Law (NSW). (4) The practitioner is to pay the complainant's costs in the proceedings. Catchwords: TRADES AND PROFESSIONS – health practitioner - dentist – findings of unsatisfactory professional conduct and professional misconduct – appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Aref [2018] NSWCATOD 133 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Gupta [2018] NSWCATOD 153 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Piper [2014] NSWCATOD 62 Lee v Health Care Complaints Commission [2012] NSWCA 80 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Hitesh Gupta (Respondent) Representation: Counsel: R Bhalla (Applicant) A Horvath (Respondent)