Health Care Complaints Commission v Weinzettel [2021] NSWCATOD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Weinzettel [2021] NSWCATOD 10 Hearing dates: 6, 7 October 2020 Date of orders: 27 January 2021 Decision date: 27 January 2021 Jurisdiction: Occupational Division Before: A Britton, Principal Member S Mackie, Professional Member J Wakefield, Professional Member C Berglund, General Member Decision: Having found Dr Weinzettel guilty of unsatisfactory professional conduct, the proceedings are listed for directions in respect of the conduct in Stage 2 of the matter on 12 February 2021. Catchwords: HEALTH — health practitioner — whether practitioner is guilty of professional misconduct EVIDENCE — tendency evidence — meaning of "significant probative value" Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 152; [1939] 3 All ER 722 Chen v Health Care Complaints Commission [2017] NSWCA 186 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Hughes v The Queen [2017] HCA 20 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 CLR 445; [1992] HCA 66 Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262; [2000] NSWCA 29 The Queen v Dennis Bauer (a pseudonym) [2018] HCA 40 Texts Cited: None Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Andrew Weinzettel (Respondent) Representation: Counsel: D New (Applicant) B Vasic (Respondent)