Charge Detail Summary

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File Number: Den11/184P
Practitioner: Allan Graham Thomas Payne


Hearing Start Date:

Hearing End Date:

22/09/2011

22/09/2011


Hearing Town/City: Auckland

Hearing Location:

Charge Characteristics:


Legislation – breach of Crimes Act 1961

Following a conviction of using false documents to obtain pecuniary advantage and also of obtaining by deception and without claim of right of pecuniary advantage


Additional Orders:


Appeal Order:


Decision:

Full Decision 405Den11184P.pdf


Appeal Decision:


Precis of Decision:

Charge

The PCC laid a charge against Dr Alan Graham Thomas Payne dentist of Whangarei (the Dentist) which alleged he had been convicted of offences that reflected adversely on his fitness to practise.

On 12 October 2010, the Dentist was convicted in the Whangarei District Court of two charges of using false documents to obtain pecuniary advantage and one charge of obtaining by deception and without claim of right of pecuniary advantage.

Finding

The Dentist accepted that the convictions did reflect adversely on his fitness to practise and following consideration by the Tribunal the charge was established.

The Tribunal suspended the Dentist's registration for a period of 9 months.  The Tribunal then suspended that order for a period of up to 24 months granting leave to apply to the Tribunal within that period to have the 9 month suspension reconsidered should the Dentist not comply with the conditions imposed by the Tribunal.

Penalty

The Tribunal ordered the following conditions on his practice for a period of three years:

  • the Dentist be supervised;
  • the Dentist may not practise on his own account except where authorised by the Dental Council;
  • that he maintain a therapeutic relationship with his medical practitioner; and
  • the Dentist may not undertake any financial transactions directly with patients or any external dental service providers or undertake any financial commitments on behalf of any employer.

The Dentist was also censured and directed to pay costs of $12,000.  The Tribunal directed that the decision and a summary of the decision be published.