Health Care Complaints Commission v Weinzettel (No 2) [2021] NSWCATOD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Weinzettel (No 2) [2021] NSWCATOD 140 Hearing dates: 30 June 2021 Date of orders: 8 September 2021 Decision date: 08 September 2021 Jurisdiction: Occupational Division Before: A Britton, Principal Member S Mackie, Senior Member J Wakefield, Senior Member C Berglund, General Member Decision: (1) Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) Mr Weinzettel's registration as a physiotherapist is cancelled. (2) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW) Mr Weinzettel may not apply for review of the cancellation order for a period of 12 months. (3) Pursuant to s 149C(5) of the Health Practitioner Regulation National Law (NSW) unless and until his registration as a physiotherapist is reinstated, Mr Weinzettel is prohibited from: (a) providing health services directly or indirectly to women and girls; (b) being engaged by a provider of health services which directly or indirectly provides health services to women and girls. (4) Mr Weinzettel is pay the Commission's costs, as agreed or assessed. Catchwords: HEALTH — health practitioner — protective orders Legislation Cited: Crimes Act 1900 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW)Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Health Care Complaints Commission v Menz (No. 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Weinzettel [2021] NSWCATOD Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: None Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Andrew Weinzettel (Respondent) Representation: Counsel: D New (Applicant) A Britt (Respondent)