Health Care Complaints Commission v Grygiel [2021] NSWCATOD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Grygiel [2021] NSWCATOD 28 Hearing dates: 15, 29, 30, 31 July 2019, 1, 2, 5, 6, 8, 9, 12, 13, 14 August 2019, 16, 17, 20, 23 March 2020, 9 April 2020, 23 and 27 November 2020. Date of orders: 17 March 2021 Decision date: 17 March 2021 Jurisdiction: Occupational Division Before: Boland AM ADCJ, Deputy President Prof M Links, Senior Member Dr A Reid, Senior Member J Barker, General Member Decision: (1) Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (the National Law) the Tribunal determines that if John Joseph Grygiel (the practitioner) was still registered it would have cancelled his registration. (2) The practitioner is precluded under s 149C(4)(b) of the National Law from seeking a re-instatement order for a period of two years from the date of these orders. (3) The Medical Board of Australia is requested to record under s 149C(4)(c) in the register the fact that the Tribunal would have cancelled the practitioner's registration. (4) Pursuant to s 163 of the National Law the Tribunal is the appropriate review body. (5) The practitioner shall pay 70 per cent of the Health Care Complaints Commission's costs of and incidental to these proceedings as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH — professional registration and discipline — unsatisfactory professional conduct — professional misconduct Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law Health Practitioner Regulation (New South Wales) Regulation 2010 (repealed) Health Services Act 1997 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chappel v Hart [1998] HCA 55 Chen v Health Care Complaints Commission [2017] NSWCA 186 Childs v Walton [1990] NSWCA 41 Clyne v New South Wales Bar Association (1960) 104 CLR 186 Don Nai Hsi Huang v Walton [1993] NSWCA 139 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Ahmad [2015] NSWCATOD 103 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Jamieson [2014] NSWCATOD 56 Health Care Complaints Commission v Kazeme [2020] NSWCATOD 25 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Health Care Complaints Commission v Street [2014] NSWCATOD 124 Health Care Complaints Commission v Von Marburg (No 4) [2019] NSWCATOD 92 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Montgomery v Lanarkshire Health Board [2015] UKSC 11 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 35 Qidwai v Brown [1984] 1 NSWLR 100 Richards v Rahilly [2015] NSWSC 352 Rogers v Whitaker (1992) 175 CLR 479; [1992] HCA 58 Rosenberg v Percival [2001] HCA 18 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Sullivan v Civil Aviation Authority (2014) 226 FCR 555 Texts Cited: Budach et al, "A meta-analysis of hyperfractionated and accelerated radiotherapy and combined chemotherapy and radiotherapy regimens in unresected locally advanced squamous cell carcinoma of the head and neck" (2006) 6 BMC Cancer 28. D C Pearce and R S Geddes, Statutory Interpretation in Australia (8th ed, 2014, LexisNexis Butterworths). Pignon et al, "Chemotherapy added to locoregional treatment for head and neck squamous-cell carcinoma: three meta-analyses of updated individual data" (2000) 355 (9208) The Lancet 949. Pignon et al, "Meta-analysis of chemotherapy in head and neck cancer (MACH-NC): An update on 93 randomised trials and 17,346 patients" (2009) 92 (1) Radiotherapy and Oncology 4. Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) John Joseph Grygiel (Respondent) Representation: Counsel: K Stern SC with L Coleman (Applicant) D Graham SC with R Mathur (Respondent)