Disgraced Mascot dentist Bassem Fouad has been found guilty of professional misconduct after continuing to treat patients despite having his registration suspended and being prohibited from practising dentistry under his bail conditions.
In a decision handed down on 9 November, the NSW Civil and Administrative Tribunal (NCAT) found Fouad had deliberately disregarded restrictions imposed to protect the public, deceived patients and colleagues, and misled health authorities.
Fouad’s registration was suspended by the Dental Council of NSW in June 2021 following his arrest on charges of sexual offences involving patients.
Despite the suspension, Fouad continued to provide dental treatment throughout 2022, including tooth extractions, implant surgery and the fitting of dental crowns.
The tribunal heard that Fouad had failed to disclose his suspension to patients and members of his practice staff.
One patient underwent a series of procedures over an 11-month period, beginning with a tooth extraction in January 2022, followed by implant placement and multiple appointments involving the fitting and adjustment of a crown.
Fouad, who represented himself during the three-day hearing in September, disputed allegations of professional misconduct, attributing aspects of his conduct to administrative errors and shortcomings in practice management.
The tribunal rejected his explanations, finding his actions were “wilful and deliberate”.
“The Respondent’s conduct showed flagrant disregard for the National Law and the Criminal Law,” the tribunal said.
Attempt to have complaint withdrawn
The tribunal also found Fouad had attempted to persuade a patient to withdraw her complaint to the Health Care Complaints Commission (HCCC) by offering a financial settlement.
The proposed settlement was never executed, but the tribunal found its principal purpose was to interfere with the disciplinary process.
Separate findings of unsatisfactory professional conduct concerned deficiencies in clinical assessment and record-keeping, including inadequate documentation of local anaesthetic administration.
Ban could be extended until 2033
In March 2023, a jury found Fouad guilty of eight counts of sexual offences against patients. He was sentenced in September that year but avoided a custodial sentence.
His dental registration was subsequently cancelled in May 2025, with orders preventing him from seeking reinstatement or providing any health service for five years.
The HCCC is now seeking to extend those restrictions by a further three years, until 22 May 2033.
The case highlights the importance of registration compliance, accurate clinical records and transparency within dental practices, particularly where practitioners are subject to regulatory restrictions.
A further tribunal hearing will determine what additional protective orders should be imposed.
Read the tribunal’s full reasons on NSW Caselaw.
Read the full NCAT decision