DENTAL BOARD OF AUSTRALIA and CAVALLARO [2018] VR 122

STATE ADMINISTRATIVE TRIBUNAL
[2018] VR 122
04/07/2019
Health Practitioner Regulation National Law (WA) Act 2010 - Schedule s193(1)(a)(i)Referral
VR 122/2018
3 JULY 2019
MS R PETRUCCI, MEMBER
03/07/2019
Perth
DENTAL BOARD OF AUSTRALIA
MARIO CAVALLARO

 

The Tribunal notes:

 

The Dental Board of Australia (Applicant) alleged that there is proper cause for disciplinary action against Dr Mario Cavallaro (Respondent) pursuant to s 196 of the Health Practitioner Regulation National Law (National Law) because the Respondent has behaved in a way that constitutes professional misconduct as defined in s 5 of the National Law.

 

The Respondent has admitted that he has behaved in a way that constitutes professional misconduct contrary to the National Law and the parties have agreed the terms upon which the proceedings could be settled pursuant to s 54(8) of the State Administrative Tribunal Act 2004 (WA).

 

By written agreement between the parties dated 2 July 2019 the parties agreed the terms upon which the proceedings could be settled.

 

The Parties have agreed the relevant facts set out in Schedule A.

 

The Tribunal Orders:

 

Being satisfied by reason of the Respondent's admissions that proper cause exists for disciplinary action against the Respondent, and in order to give effect to the agreed terms of settlement of the proceeding, on 3 July 2019 it is ordered, pursuant to s 54(8) of the State Administrative Tribunal Act 2004 (WA) that:

 

1.     The Respondent has behaved in a way that constitutes professional misconduct in terms of section 196(1)(b)(iii) of the National Law by reason of the conduct set out in Schedule A. 

 

2.     The Respondent is reprimanded under section 196(2)(a) of the National Law.

 

3.     The Respondent's registration is suspended for a period of 4 months commencing from the date of the Tribunal's final orders under section 196(2)(d) of the National Law.

 

4.     There be no order as to costs.

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