Health Care Complaints Commission v Bolton [2021] NSWCATOD 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Hearing dates: 8 and 9 April 2021 and by written submissions dated 26 April 2021, 16 May 2021 and 19 May 2021 Date of orders: 12 October 2021 Decision date: 12 October 2021 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member Dr I Jalbert, Senior Member B Mawassi, Senior Member Dr J Griffin, General Member Decision: (1) Under s 149C(1)(b) and (c) Mr Bolton's registration as an Optometrist on the National Register of Health Practitioners maintained by the Australian Health Practitioner Regulation Agency is cancelled from the date of this order. (2) Under s 149C(7) Mr Bolton may not make an application under Division 8 to return to the register until at least 18 months from the date of this order. (3) Mr Bolton 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 – complaints – Optometrist – unsatisfactory professional conduct – professional misconduct – criminal offences and convictions – unfit in the public interest – impairment – competence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Health Practitioner Regulation National Law (NSW) Inclosed Lands Protection Act 1901 (NSW) Liquor Act 2007 (NSW) Road Transport (Safety and Traffic Management) Act 1999 (NSW) Summary Offences Act 1988 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Ex parte Tziniolis; Re Medical Practitioners Act (1956) 67 SR (NSW) 448 HCCC v Chowdhury [2015] NSWCATOD 65 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Karunaratne (No 2) [2018] NSWCATOD 201 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Wood [2020] NSWCATOD 60 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Northern Territory v Sangare [2019] HCA 25 Pharmacy Council v Ibrahim [2020] NSWSC 708 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 R v Byrnes & Hopwood [1995] HCA 1 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Benjamin Philip Bolton (Respondent) Representation: Counsel: R Donnelly (Applicant)