Health Care Complaints Commission v Chen (No 2) [2021] NSWCATOD 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chen (No 2) [2021] NSWCATOD 174 Hearing dates: 18 October 2021 Date of orders: 05 November 2021 Decision date: 05 November 2021 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member P Coop, Senior Member Dr H Liang, Senior Member R Kusuma, General Member Decision: The Tribunal orders that: (1) Had Mr Chen still been registered, his registration would have been cancelled. (2) Mr Chen may not make an application for review for a period of three years from the date of these orders. (3) Unless and until Mr Chen is registered as a health practitioner Mr Chen is prohibited from providing all Health Services as defined in s 4 of the Health Care Complaints Act 1993 (NSW). (4) Mr Chen pay the complainant's costs as agreed or, if not agreed, then the amount of costs be assessed by a costs assessor under the legal costs legislation as defined in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW). (5) The Chinese Medicine Board is to record in the National Register kept by the Board that had Mr Chen been registered the Tribunal would have suspended or cancelled Mr Chen's registration. Catchwords: HEALTH — Professional registration and discipline — Complaints — Chinese medicine practitioner — findings of fact —unsatisfactory professional conduct — professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) — s 64(1) Crimes Act 1900 (NSW) — s 61L Health Care Complaints Act (NSW) 1993 — s 4, 39(2), 90B(1) Health Practitioner Regulation National Law (NSW) — ss 3, 3A, 5, 130, 139B, 139E, 144(e), 145, 145A, 145C Legal Profession Uniform Law Application Act 2014 (NSW) — s 3A Cases Cited: Clyne v NSW Bar Association (1960) 104 CLR 186; [1960] HCA 40 Director General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Health Care Complaints Commission v Bosanquet [2012] NSWDT 2 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Chen [2021] NSWCATOD 71 Health Care Complaints Commission v Chen [2017] NSWCA 186 Health Care Complaints Commission v Cheng (No 2) [2017] NSWCATOD 93 Health Care Complaints Commission v Dr Denise Perroux [2011] NSWDC 99 Health Care Complaints Commission v Dr Maendel [2013] NSWMT 3 Health Care Complaints Commission v Elshaimy [2019] NSWCATOD 17 Health Care Complaints Commission v Gillett [2007] NSWNMT 7 Health Care Complaints Commission v Istephan (No 2) [2017] NSWCATOD 116 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWSC 297 Health Care Complaints Commission v Sinnathurai [2021] NSWCATOD 102 Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323; [2007] NSWCA 326 Jung v R [2017] NSWCCA 24 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lucire v Health Care Complaints Commission v Health Care Complaints Commission [2011] NSWCA 99 Meakes v NSW Bar Association [2006] NSWCA 340 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Peter Che Nan Chen (Respondent) Representation: Counsel: P Lowson (Applicant) A S Garsia (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2019/00343596 Publication restriction: The Tribunal made an order pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the disclosure to any person or entity of the names, addresses or any other identifying information of any patient of Mr Chen's referred to in the evidence in the proceedings.