Dental Board of Australia v Nairn

The case of Dental Board of Australia v Nairn involved a dental practitioner who had been subject to disciplinary action by the Dental Board of Australia. The practitioner, Nairn, had engaged in professional misconduct by failing to self-quarantine during the COVID-19 pandemic, resulting in convictions under the Emergency Management Act 2005 (WA). The matter was heard in the Administrative Appeals Tribunal of Australia, where the parties agreed that proper cause existed for disciplinary action and that Nairn had engaged in professional misconduct.

The primary legal issue before the Tribunal was the determination of an appropriate penalty for Nairn's misconduct, given the agreed circumstances, and the appropriate costs order. The Tribunal needed to consider the severity of the misconduct, the impact on the public, and the need for deterrence and rehabilitation. Additionally, the Tribunal had to assess the costs sought by the Dental Board of Australia and determine a fair and reasonable costs order.

In its decision, the Tribunal found Nairn's actions to be serious breaches of professional conduct and public health obligations. As a result, the Tribunal reprimanded Nairn and suspended his registration as a dental practitioner for seven months. The Tribunal also imposed a condition on Nairn's future registration, requiring him to be mentored by another registered health practitioner for 12 months. Regarding the costs, the Tribunal considered the applicant's costs of $28,454.81 but deemed it appropriate to order Nairn to pay only $7,500 in costs, finding this amount to be fair and reasonable given the circumstances.

The Tribunal's final order was that Nairn be reprimanded, his registration suspended for seven months, and that his future registration be subject to a 12-month mentorship condition. Additionally, Nairn was ordered to pay $7,500 in costs to the Dental Board of Australia.