Health Care Complaints Commission v Morsingh [2021] NSWCATOD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Morsingh [2021] NSWCATOD 13 Hearing dates: 7, 8 and 9 December 2020 Date of orders: 16 February 2021 Decision date: 16 February 2021 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr J Aitken, Senior Member Dr H Haikal-Mukhtar, Senior Member Dr C Berglund, General Member Decision: • Dr Morsingh conducted himself in the manner alleged in each of the particulars in Complaint 1 in the Application and the conduct described in each particular constitutes unsatisfactory professional conduct. • Dr Morsingh's conduct as described in Complaint 1, Particulars 1 and 2, both individually and collectively, constitutes professional misconduct as alleged in Complaint 2 in the Application. Directions: 1. The Health Care Complaints Commission is to provide to the Tribunal, and to the respondent, a statement as to the protective orders it is seeking as a consequence of the findings of unsatisfactory professional conduct and professional misconduct, together with the evidence on which it intends to rely, and submissions, on or before 1 March 2021. 2. The respondent is to provide to the Tribunal and to the applicant evidence and submissions in response, on or before 15 March 2021. 3. The applicant is to provide to the Tribunal and to the respondent any material in reply, on or before 22 March 2021. 4. The parties are jointly to provide to the Tribunal, on or before 1 March 2021, a range of dates, subsequent to 22 March 2021, for the Stage 2 hearing. Catchwords: PROFESSIONS AND TRADES - health care practitioners - medical practitioner - unsatisfactory professional conduct - professional misconduct - events during a consultation Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Category: Principal judgment Parties: Health Care Complaints Commission (applicant) Raymond Morsingh (respondent) Representation: Counsel: D Fuller (applicant) P Nematalla (respondent)