Health Care Complaints Commission v Peck [2021] NSWCATOD 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Peck [2021] NSWCATOD 88 Hearing dates: 12 April 2021 Date of orders: 28 June 2021 Decision date: 28 June 2021 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Dr J Fogarty, Senior Member Prof K Wilhelm AM, Senior Member D Telford, General Member Decision: (1) Pursuant to section 149C(1) and (4)(a) of the Health Practitioner Regulation National Law (NSW) (the National Law), if the respondent was still registered as a medical practitioner, the Tribunal would have cancelled his registration. (2) Pursuant to section 149C(4)(b) of the National Law, the respondent is disqualified from being registered in the medical profession for a period of four years from the date of these orders. (3) Pursuant to section 149C(4)(c) of the National Law, the Medical Board of Australia is required to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board. (4) Pursuant to section 149C(5) of the National Law, the respondent is prohibited from providing health services permanently unless and until the Tribunal makes a reinstatement or other order in relation to the respondent under section 163B of the National Law. (5) Pursuant to section 149C(7) of the National Law, an application for review of orders 2 and 4 may not be made until four years from the date of these orders. (6) Pursuant to clause 13(1) of Schedule 5D to the National Law, the respondent is to pay the costs of the applicant of the proceeding, as agreed or assessed if not agreed. Catchwords: HEALTH — professional registration and discipline — registration — reinstatement Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Grygiel [2021] NSWCATOD 28 Health Care Complaints Commission v Kazeme [2020] NSWCATOD 25 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Morsingh [2021] NSWCATOD 13 Texts Cited: Medical Board of Australia, "Good Medical Practice: A Code of Conduct for Doctors in Australia" (March 2014) Medical Board of Australia, "Sexual Boundaries: Guidelines for Doctors" (October 2011) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Gregory Peck (Respondent) Representation: Counsel: D Fuller (Applicant) C Jackson (Respondent)