Andrew Schatz (instructed by Lachlan Baird, MinterEllison)

1. On 16 May 2025 the Tribunal ordered that the parties file submissions as to appropriate imposed conditions or an accepted undertaking pursuant to s 57(2) of the Health Practitioner Regulation National Law (NT) (the National Law) to facilitate specialist registration of the applicant, Dr Yann Taddei, in the specialty of orthodontics, and as to costs.
2. In doing so the Tribunal foreshadowed that it would set aside the decision of the Registration and Compliance Committee (the Committee) of the Respondent, the Dental Board of Australia (the Board), on 18 May 2022 to refuse to grant the Applicant, Dr Yann Taddei, specialist registration in the specialty of orthodontics.[1]
3. The parties have collaborated in relation to those submissions, and on 4 June 2025 filed an agreed minute of proposed final orders which pursuant to s 57(2) facilitates registration of Dr Taddei as a specialist orthodontist by the imposition of conditions under s 83.
4. In summary the agreed conditions require that:

(a) Dr Taddei complete a period of mentoring in relation to complex treatment planning and retention for a period of 12 months;

(b) Dr Taddei complete 60 hours of continuing professional development that includes at least 40 hours of clinical skills, and at least 20 hours of non-clinical skills (as set out in an annexure).

1. Pursuant to s 83(2), the agreed review period for the conditions is 12 months from the date of the Tribunal's orders.
2. The parties also agreed that the Board will pay Dr Taddei's cost of the proceedings fixed in the amount of $30,000.00.
3. The Tribunal accepts the parties' joint submission as to the imposition of conditions under s 83 which, pursuant to s 57(2), facilitates the specialist registration of Dr Taddei in the specialty of orthodontics.
4. This is the correct, and preferable, decision pursuant to ss 46(1) and 50(1)(c)(i) of the Northern Territory Civil and Administrative Tribunal Act 2014 (NT).[2]
5. The Tribunal also accepts the parties' joint submission in relation to costs.
6. Accordingly the Tribunal makes orders to that effect below.

1. The decision of the Registration and Compliance Committee (the Committee) of the Respondent, the Dental Board of Australia (the Board), on 18 May 2022 to refuse to grant the Applicant, Dr Yann Taddei, specialist registration in the specialty of orthodontics is set aside. 2. Pursuant to s 202(1)(c) of the National Law, the Tribunal substitutes the decision of the Committee on 18 May 2022 as follows:

(a) Dr Taddei is not qualified for specialist registration as an orthodontist under s 58 of the National Law; > > (b) pursuant to s 57(2) Dr Taddei is registered as a specialist orthodontist with the following conditions imposed under s 83 of the National Law: > > > (i) Dr Taddei is to complete a period of mentoring in relation to complex treatment planning and retention for a period of 12 months; > > > > (ii) Dr Taddei is to complete 60 hours of continuing professional development that includes: > > > > * (A) at least 40 hours of clinical skills; and > > * (B) at least 20 hours of non-clinical skills;

1. Pursuant to s 83(2) of the National Law, the review period for the conditions is 12 months from the date of these orders.
2. Pursuant to s 201 of the National Law, the Board shall pay Dr Taddei's costs of the proceedings fixed in the amount of $30,000.00 within 28 days from the date of these orders.

On 6 June 2025 the Northern Territory Civil and Administrative Tribunal imposed conditions, as follows:

1. COMPLETE CONTINUING PROFESSIONAL DEVELOPMENT
   • 1.1 The practitioner must complete 60 hours of continuing professional development (CPD). This CPD is to be on the following topics and for the specified durations:
     • 1.1.1 40 hours on clinical or scientifically-based activities;
     • 1.1.2 20 hours on non-scientific activities.
   • 1.2 The practitioner must:
     • 1.2.1 comply with the Ahpra Protocol: Continuing professional development in force at the date these conditions are imposed and then as updated from time to time;
     • 1.2.2 complete the requirements of this condition within 12 months from the start date of this condition (ie 6 June 2025).
2. COMPLETE MENTORING FOR ELIGIBILITY
   • 2.1 From 6 June 2025, the practitioner must be mentored by an approved mentor addressing complex treatment planning and post treatment retention for a minimum of 12 sessions on a monthly basis, with each session being of 2 hours in duration.
   • 2.2 The practitioner must:
     • 2.2.1 comply with the Ahpra Protocol: Complete mentoring (337 KB,PDF) in force at the date these conditions are imposed and then as updated from time to time;
     • 2.2.2 complete the mentoring within 12 months of the start date of this condition.

The review period of the conditions is 12 months pursuant to s 83(2) of the National Law.

[1] Pursuant to s 84(1) of the National Law, the Committee's decision was notified to Dr Taddei on 16 June 2022.

[2] Division 13 of Part 8 of the National Law provides in relation to appeals from a registration decision by a National Board (or a panel established by a National Board). Section 202 provides that, on appeal (including a review under the Northern Territory Civil and Administrative Tribunal Act 2014 (NT)), the Tribunal may confirm a registration decision, amend that decision, or substitute it with another decision. Pursuant to s 203 Division 13 applies "despite any provision to the contrary" in the Northern Territory Civil and Administrative Tribunal Act 2014 (NT)), but "does not otherwise limit that Act".