Health Care Complaints Commission v Meredith [2020] NSWCATOD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Meredith [2020] NSWCATOD 4 Hearing dates: 27 November 2019 Date of orders: 14 January 2020 Decision date: 14 January 2020 Jurisdiction: Occupational Division Before: J Millbank, Senior Member R Hochstadt, Senior Member A Selby, Senior Member S Lovrovich, General Member Decision: (1) Pursuant to findings of misconduct, impairment and lack of capacity to practise, AHPRA is required per s 149C(4)(c) to record on the national register that the tribunal would have cancelled the registration of the practitioner as a dentist had he still been registered. (2) A non-review period of 5 years from the date of these orders pursuant to s 149C(7). (3) The respondent to pay the applicant's costs of these proceedings as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). (4) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibition of disclosure or publication of the names of the patients listed in the schedule to the complaint. Catchwords: PROFESSIONS AND TRADES – Dentistry – self-prescribing – fraudulent prescribing – prescribing in breach of conditions – prescribing while suspended – criminal convictions – impairment – competence to practise Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) ('The National Law') Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Duggan [2015] NSWCATOD 142 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Northern Territory v Sangare [2019] HCA 25 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Kirk Leslie Meredith (Respondent) Representation: Counsel: A Bonner (Applicant)