Health Care Complaints Commission v Chen [2021] NSWCATOD 210

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chen [2021] NSWCATOD 210 Hearing dates: 5 October 2021 Date of orders: 14 December 2021 Decision date: 14 December 2021 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member Dr L Liang, Senior Member Dr P Coop, Senior Member J Barker, General Member Decision: (1) Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) the registration of Edward Chen as a Chinese Medicine practitioner is cancelled. (2) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW) Edward Chen may not apply for review of the cancellation order for a period of 2 years. (3) The respondent is to pay the costs of the applicant assessed in default of agreement. Catchwords: OCCUPATIONS – Chinese Medicine practitioner – Misconduct and discipline – disciplinary proceedings – findings of multiple incidents of misconduct – held constituted professional misconduct – held registration cancelled – costs order made. Legislation Cited: Health Care Complaints Act ss 4, 41A, 41C Health Practitioner Regulation National Law ss 5, 41, 109, 130, 139B, 139E,144, 149C,163A Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Drakopoulos [2021] NSWCATOD 72 Health Care Complaints Commission v Holbrook [2019] NSWCATOD 146 Lee v Health Care Complaints Commission [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (applicant) Edward Chen (respondent) Representation: Solicitors: Health Care Complaints Commission (applicant) Respondent self-represented File Number(s): 2021/155695 Publication restriction: Non-publication order with respect to the name of Patient A referred to in the proceedings and any material which might tend to identify that person.