Health Care Complaints Commission v Hart (No 2) [2021] NSWCATOD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hart (No 2) [2021] NSWCATOD 79 Hearing dates: 20 May 2021 Date of orders: 09 June 2021 Decision date: 09 June 2021 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr M Hooper, Senior Member Dr J Aitken, Senior Member J Barker, General Member Decision: (1) Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW), Dr John Hart's registration is cancelled. (2) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), Dr John Hart may not seek a review of these orders under Division 8 for two years from the date of these orders. (3) Dr John Hart is to pay the costs of the Health Care Complaints Commission as agreed or, failing agreement, as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH — professional registration and discipline — professional misconduct — appropriate orders Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Do [2014] NSWCA 307 Chen v Health Care Complaints Commission [2017] NSWCA 186 Texts Cited: Medical Board of Australia, "Good Medical Practice: A Code of Conduct for Doctors in Australia" (March 2014) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr John Hart (Respondent) Representation: Counsel: A Horvath (Applicant) P Griffin SC (Respondent)