Holt v Dental Council of New South Wales [2020] NSWCATOD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Holt v Dental Council of New South Wales [2020] NSWCATOD 37 Hearing dates: 6 March 2020 and by written submissions dated 10, 12, 13, 19 and 20 March 2020 Date of orders: 02 April 2020 Decision date: 02 April 2020 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member Decision: (1) The order made by the respondent on 10 February 2020 suspending the registration of the applicant Dr Myles Edward Holt as a dental practitioner from that date is stayed pending the determination of appeal proceedings brought by him against that order or until further order of this Tribunal (2) This stay order is conditional upon the applicant not personally conducting Carboxytherapy courses to participants who are present in New South Wales or providing Carboxytherapy treatment in New South Wales whilst the stay order remains in force (3) The respondent is to forthwith take all appropriate steps to ensure that the AHPRA Register of Practitioners website and any such website conducted by the National Dental Board and its own website are updated with immediate effect to reflect that the applicant's registration is no longer suspended and to reflect the conditions set out in (2) above. (4) Costs are reserved with liberty to apply. Catchwords: PROFESSIONS AND TRADES – dental practitioner conducting a business training dentists and other health practitioners in the provision of facial injectables such as botulinum toxin and dermal fillers – suspension imposed by Dental Council – practice and procedure – application for a stay pending the hearing of an appeal on a point of law – jurisdiction to hear stay – differential suspension provisions in other States – whether stay can be granted on conditions-application upheld – stay granted on conditions – costs reserved Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation National Law (Queensland) Medical Practice Act 1992 (NSW) Cases Cited: Attorney General for NSW v Gatsby [2018] NSWCA 254 Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Council of the Law Society of NSW v Clarke [2017] NSWCATOD 142 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Dr Reid v Medical Council of NSW [2014] NSWCATOD 152 Lindsay v Health Care Complaints Commission [2005] NSWCA 356 Medical Council of New South Wales v Lee [2017] NSWCA 282 Category: Procedural and other rulings Parties: Dr Myles Edward Holt (Applicant) Dental Council of NSW (Respondent) Representation: Counsel: A Morris QC and B Wright (Applicant) A Horvath (Respondent)