Health Care Complaints Commission v Ruff [2020] NSWCATOD 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ruff [2020] NSWCATOD 122 Hearing dates: 10, 11 and 12 June 2020 Date of orders: 2 November 2020 Decision date: 02 November 2020 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr J Fogarty, Senior Member Dr L Cotterell, Senior Member S Lovrovich, General Member Decision: (1) Dr Ruff's registration as a medical practitioner is cancelled. (2) Dr Ruff may not apply for the review of the cancellation of her registration for a period of two years from the cancellation. (3) The appropriate review body is the Civil and Administrative Tribunal of New South Wales, pursuant to s 149E of the Health Practitioner Regulation National Law. (4) Any application for costs in this matter should be filed and served within 21 days of the date of publication of this decision, together with written submissions in support of the application. (5) Written submissions in response to an application for costs should be filed and served within 21 days of receipt of the application for costs. (6) In the event that the question of costs is agreed, the parties may file joint written submissions in lieu of the written submissions referred to in orders (4) and (5). (7) Under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), an order is made prohibiting disclosure to any person or entity of the names of the patients set out in the complaint and the name of any child of Patient A. Catchwords: OCCUPATIONS - Medical practitioners - misconduct and discipline Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 Health Practitioner Regulation (NSW) Regulation 2010 (repealed) Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Edward Ted Lakis and Anor v Michael Victor Lardis and Anor [2013] NSWSC 321 Health Care Complaints Commission v Do [2014] NSWCA 307 Jones v Dunkel 91959) 101 CLR 298 Prakash v Health Care Complaints Commission [2006] NSWCA 153 SAMM Property Holdings Pty Ltd v Shaye Properties Pty Ltd [2017] NSWCA 132 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Anastasia Ruff (Respondent) Representation: Counsel: D New (Applicant) M Hutchings (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Avant Law (Respondent) File Number(s): 2019/00391588 Publication restriction: Under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), an order is made prohibiting disclosure to any person or entity of the names of the patients set out in the complaint and the name of any child of Patient A.