Health Care Complaints Commission v Chen [2021] NSWCATOD 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chen [2021] NSWCATOD 71 Hearing dates: 18, 19, 22, 23, 24 and 25 February 2021 Date of orders: 28 May 2021 Decision date: 28 May 2021 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member P Coop, Senior Member Dr H Liang, Senior Member R Kusuma, General Member Decision: (1) The Tribunal finds Particulars 1(a), (b), (c) and (d), 2, 3, 6, 7, 8 and 9 of Complaint One are established. (2) The Tribunal finds Particulars 4 and 5 of Complaint One are not established. (3) The Tribunal finds Particulars 1, 2 and 3 of Complaint Two are established. (4) The proceedings will be listed for directions in relation to a Stage 2 hearing to determine whether Complaints One, Two and Four (Complaint Three having been admitted by Mr Chen) are established and, if so, the appropriate disciplinary sanction. Catchwords: HEALTH — professional registration and discipline — complaints — Chinese medicine practitioner — findings of fact — onus of proof — standard of proof — tendency evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64(1) Crimes Act 1900 (NSW), s 61L Evidence Act 1995 (NSW) Health Care Complaints Act 1993 (NSW), ss 39(2) and 90B(1) Health Practitioner Regulation National Law (NSW), ss 139B(1)(a), 139B(1)(b), 139E, 144(e) and 145A Cases Cited: Campbell v Campbell [2015] NSWSC 784 Health Care Complaints Commission v Fearon [2018] NSWCATOD 26 Health Care Complaints Commission v Ng [2015] NSWCATOD 85 Texts Cited: The New Shorter Oxford English Dictionary on Historical Principles, 4th ed (1993) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Peter Che Nan Chen (Respondent) Representation: Counsel: P Lowson (Applicant) A S Garcia (Respondent)