Health Care Complaints Commission v Hampshire [2020] NSWCATOD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hampshire [2020] NSWCATOD 79 Hearing dates: 19, 20, 21, 22 November 2019 and 21 May 2020 (written submissions closed 1 July 2020) Date of orders: 16 July 2020 Decision date: 16 July 2020 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member Dr J Saunders, Senior Member Dr E Bernardi, Senior Member S Lovorich, General Member Decision: (1) Dr Hampshire's registration (registration number MED0001639732) is cancelled with immediate effect pursuant to s 149C(1)(a) and (b) of the National Law. (2) Pursuant to pursuant to s 149C(7), Dr Hampshire may not make an application for review under Division 8 of Part 8 of the National Law for a period of three years from the date of these orders. (3) Dr Hampshire to pay the complainant's costs as agreed or, if not agreed, then the amount of costs be assessed by a costs assessor under the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014). Catchwords: PROFESSIONS AND TRADES – health care professionals – medical practitioners – psychiatrist – whether practitioner is guilty of professional misconduct – proper professional boundaries with a patient – breach of the conditions which had previously been placed on registration – impairment by an alcohol use disorder or alcohol dependence – competency – appropriate disciplinary orders Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 3A, 139(a), 139B(1)(c), 149A, 149B, 149C, 150 Legal Profession Uniform Law Application Act 2014, s 3A Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v NSW Bar Association (1960) 104 CLR 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Denise Perroux [2011] NSWDC 99 Health Care Complaints Commission v Epstein [2015] NSWCATOD 21 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Robert Hampshire (Respondent) Representation: Counsel: P Lowson (Applicant) S Barnes (Respondent)