Health Care Complaints Commission v ERL [2021] NSWCATOD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v ERL [2021] NSWCATOD 78 Hearing dates: 25 March 2021 Date of orders: 09 June 2021 Decision date: 09 June 2021 Jurisdiction: Occupational Division Before: Sheahan AO ADCJ, Principal Member Dr M Diamond, Senior Member Dr H Haikal-Mukhtar, Senior Member Ms R Kusuma, General Member Decision: The Tribunal makes the following orders: (1) Pursuant to cl 7 of Sch 5D to the Health Practitioner Regulation National Law (NSW) ("the National Law"), the publication of the names of the respondent and of the complainants known as Patients A – G is prohibited except to the Medical Council of New South Wales; (2) An order pursuant to s 149C(4)(b) of the National Law that the Tribunal would have cancelled the respondent's registration as a medical practitioner if he had still been registered; (3) An order pursuant to s 149C(4)(c) that the National Board record the fact that the Tribunal would have cancelled the practitioner's registration had he still been registered; (4) An order that the respondent is disqualified from being registered as a medical practitioner with no right of review for a period of eight years, pursuant to s 149C(4)(b); and (5) The practitioner is to pay 50% of the costs of the Health Care Complaints Commission of and incidental to these proceedings, as agreed, or failing agreement, as assessed under the Legal Professional Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH — professional registration and discipline — complaints — medical practitioner found guilty of unsatisfactory professional conduct and professional misconduct — non-publication order — protective orders — costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Legal Professional Uniform Law Application Act 2014 (NSW) Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWCA 264 Health Care Complaints Commission v Vo [2014] NSWCATOD 127 Health Care Complaints Commission v XC [2015] NSWCATOD 9 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) ERL (Respondent) (name suppressed) Representation: Counsel: D New (Applicant)