Health Care Complaints Commission v Coutinho [2020] NSWCATOD 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Coutinho [2020] NSWCATOD 33 Hearing dates: 29 January 2020 Date of orders: 31 March 2020 Decision date: 31 March 2020 Jurisdiction: Occupational Division Before: L Pearson, Principal Member Dr D Cockrell, Senior Member Dr S Harlamb, Senior Member S Lovrovich, General Member Decision: (1) Under s 149A(1)(a) of the Health Practitioner Regulation National Law the Tribunal reprimands the respondent. (2) Under s 149C(1)(c) of the Health Practitioner Regulation National Law the Tribunal suspends the respondent's registration for a period of one month from the date of this decision. (3) The respondent is to pay the costs of the Health Care Complaints Commission as agreed or assessed. Catchwords: TRADES AND PROFESSIONS – health practitioner – dentist – practitioner convicted of serious criminal offence – failure to notify finding of guilt and charge – disciplinary action Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) Road Transport Act 2013 (NSW) Cases Cited: Coutinho v Dental Council of New South Wales [2018] NSWCATOD 98 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Haasbroek [2018] NSWCATOD 177 Health Care Complaints Commission v Litchfield (1997) NSWLR 630 Health Care Complaints Commission v Perera [2018] NSWCATOD 112 Lee v Health Care Complaints Commission [2012] NSWCA 80 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ajay Coutinho (Respondent) Representation: Counsel: D New (Applicant) J McNab (Respondent)