Health Care Complaints Commission v Phillipson [2021] NSWCATOD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Phillipson [2021] NSWCATOD 26 Hearing dates: 15 – 17 February 2021 Date of orders: 12 March 2021 Decision date: 12 March 2021 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member Dr K Smartt, Senior Member Dr G Heron, Senior Member D Telford, General Member Decision: The Tribunal, having found that the Respondent is guilty of unsatisfactory professional conduct, makes the following directions: (1) The Applicant is to provide to the Tribunal and the Respondent a statement of the protective Orders it is seeking as a consequence of these findings, together with the evidence on which it intends to rely and submissions, on or before 22 March 2021. (2) The Respondent is to provide to the Tribunal and the Applicant evidence and submissions in response by 5 April 2021. (3) The Applicant is to provide to the Tribunal and the Respondent any material in reply by 19 April 2021. (4) The parties are to jointly provide to the Tribunal, on or before 26 April 2021, a range of dates for the Stage 2 hearing. Catchwords: HEALTH — professional registration and discipline — unsatisfactory professional conduct Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 139B(1)(a), (b) and (l) and 150A Health Practitioner Regulation (New South Wales) Regulation 2016 (NSW), cl 6(1) and Sch 4 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Sharron Phillipson (Respondent) Representation: Counsel: D Fuller (Applicant) R Mathur (Respondent)