Health Care Complaints Commission v Wise [2021] NSWCATOD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wise [2021] NSWCATOD 143 Hearing dates: 12 July 2021 Date of orders: 14 September 2021 Decision date: 14 September 2021 Jurisdiction: Occupational Division Before: The Hon Jennifer Boland AM, Deputy President Dr W Roberts, Senior Member B Sheridan, Senior Member M Christensen, General Member Decision: (1) Pursuant to s 149C (4) (a) of the Health Practitioner Regulation Law (NSW) (the National Law) if Jo Wise (the practitioner) was still registered the Tribunal would have cancelled her registration. (2) Pursuant to s 149C (4) (b) of the National Law the practitioner is disqualified from being registered as a psychologist for a period of five years from the date of these orders. (3) The Tribunal notes that pursuant to s 149C (4) (c) the Psychology Board of Australia is required to record on the National Register maintained by the Australian Health Practitioner Regulation Agency the fact the Tribunal would have cancelled the practitioner's registration if she had been registered at the date of the hearing. (4) Pursuant to s 149C (5) the practitioner is prohibited from providing Health Services (as defined in s 4 of the Health Care Complaints Act 1993 (NSW)) unless otherwise ordered by the Tribunal determining an application for re-instatement under s 163A of the National Law. (5) The practitioner shall pay the costs of the Health Care Complaints Commission of and incidental to these proceedings as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH PROFESSIONAL – professional misconduct – unsatisfactory professional conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Director-General, Dept of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 EFQ (a pseudonym) v Medical Council of New South Wales [2021] NSWCA 167 Gautam v Health Care Complaints Commission [2021] NSWSC 85 Health Care Complaints Commission v Al Mozany [2021] NSWCATOD 51 Health Care Complaints Commission v Kazeme [2020] NSWCATOD 25 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Philipiah [2013] NSWCA 34 Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323; [2007] NSWCA 326 Makita v Sprowles (2001) 52 NSWLR 705 Qasim v Medical Council of New South Wales [2021] NSWCA 173 Texts Cited: Australian Psychological Society Code of Ethics. Australian Psychological Society Ethical Guidelines L Cortes "Home based Family Therapy: a Misunderstanding of the Role and a New Challenge for Therapists, The Family Law Journal Vol 12 No 2 2 April 2004 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Jo Wise (Respondent) Representation: Counsel: