Charge Detail Summary

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File Number: Dtech13/236P
Practitioner: Christiaan Jacobus Wolmarans


Hearing Start Date:

Hearing End Date:

31/05/2013

31/05/2013


Hearing Town/City: Auckland

Hearing Location:

Charge Characteristics:

Practising without a current practising certificate (Established)


Additional Orders:

Name Suppression to Practitioner

Practitioner granted interim name suppression

515Dtech13236P.pdf


Name Suppression to Practitioner

Practitioner declined permanent name suppression at hearing

554Dtech13236P.pdf


Appeal Order:


Decision:

Full Decision 554Dtech13236P.pdf


Appeal Decision:


Precis of Decision:

Charge

A Professional Conduct Committee (PCC) charged that Mr Christiaan Jacobus Wolmarans, registered Dental Technician, of Auckland (the Dental Technician) practised the profession of dental technology between 1 April 2012 and 23 April 2012 without a current practising certificate.

Finding

The Tribunal found the Dental Technician guilty of practising without a practising certificate and the charge was established.

Reason for Finding

The Tribunal considered the three elements which were required to be proven by the PCC were all established as follows:

  1. The Dental Technician acknowledged he was at the time registered as a dental technician.  Therefore, the first element was established.
  2. The Dental Technician acknowledged he practised as a dental technician and clinical technician in the period 1-23 April 2012. Therefore, the second element was established.
  3. The Dental Technician acknowledged his previous APC expired on 31 March 2012 and he did not have renewal of his APC until 23 April 2012.  For that period the Dental Technician did not hold an APC.  Therefore, the third element was established.

Penalty

The Tribunal considered that there were mitigating factors in this case. The Dental Technician had sent in the APC renewal form and the appropriate fee before the expiry of the previous APC.  However, the Dental Council had to send back his renewal as he had not enclosed a form proving he had enrolled in the Emergency Care Training First Aid course which he was required to include.  He also stopped work as soon as he was advised orally he was not entitled to be practising without a current APC.

The Tribunal ordered that the Dental Technician:

  • be censured;
  • pay a fine fo $500.00; and
  • pay costs of $500.00.

The Tribunal directed the Executive Officer to publish a copy of this decision and a summary on the Tribunal's website.  The Tribunal further directed the Executive Officer to publish details of this decision in the newsletter of the Dental Council of New Zealand, and on the Dental Council website.