Review of Board Decision NSW Orthodontist: O’Meara v The Dental Council of New South Wales [2014] NSWCATOD 19 (26 March 2014)

In this case, the orthodontist appealed to review the decision of the Board to caution him and to undertake education, and to refund patient fees. The decision was overturned, save on one count that there was an adverse finding about records and the  finding in relation to record keeping,and treatment planning , and the initial finding was upheld.

There was no order as to costs.

Practitioners should be aware of the need for adequate record keeping as published in the DBA guidelines.

The decision is interesting in that a Board decision (that had found the practitioner guilty of unsatisfactory professional conduct) was overturned in relation to a complex orthodontic case.

There is not any new law, rather the case turns on its facts and the evidence in paragraphs 10-16.


Brad Wright

April 1 2014