Health Care Complaints Commission v Govan [2021] NSWCATOD 219

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Govan [2021] NSWCATOD 219 Hearing dates: 27 September 2021 Date of orders: 22 December 2021 Decision date: 22 December 2021 Jurisdiction: Occupational Division Before: Coleman SC ADCJ, Principal Member Dr A Reid, Senior Member Dr M Diamond, Senior Member Dr C Berglund, General Member Decision: 1. That, pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) ("the National Law"), the registration of the Respondent as a medical practitioner is cancelled. 2. That, pursuant to s 149C(5) of the National Law, the Respondent is prohibited from providing health services until the expiration of a period of five years from the date of these orders. 3. That, pursuant to s 149C(7) of the National Law, the Respondent may not make an application for review of order 1 until the expiration of a period of five years from the date of these orders. 4. That costs be reserved. 5. That, within 28 days of the date of these orders, the Respondent file and serve submissions not exceeding 10 pages in length in opposition to the making of an order that the Respondent pay the Applicant's costs of and incidental to these proceedings as agreed or assessed on a party and party basis. 6. That, within 28 days of the receipt of any submissions filed by the Respondent pursuant to order 5, the Applicant file and serve submissions in reply not exceeding 10 pages in length. Catchwords: OCCUPATIONS — Heath practitioners — Misconduct and discipline — Disciplinary proceedings — Where practitioner convicted of transmitting child pornography, possessing child abuse material and attempting to procure a child for unlawful sexual activity — whether established that practitioner unfit to practise medicine — whether practitioner's registration should be cancelled to protect public health and safety — whether practitioner should be prohibited from providing health services or applying for re-registration as a health service provider for period of up to five years Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedures) Act 1999 (NSW) Crimes Act 1900 (NSW) Criminal Code Act 1995 (Cth) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Alexakis v Health Care Complaints Commission [2021] NSWCA 217 at [15] Alvares v R, Farache v R [2011] NSWCCA 33 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Dawson v Law Society of New South Wales [1989] NSWCA 58 Director General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Ghosh v Health Care Complaints Commission [2020] NSWCA 353 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Dawes [2015] NSWCATOD 8 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Alex Simring [2010] NSWMT 7 Health Care Complaints Commission v Geary [2018] NSWCATOD 15 Health Care Complaints Commission v Holbrook [2019] NSWCATOD 146 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Kingston [2018] NSWCATOD 28 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Rouen [2019] NSWCATOD 76 Health Care Complaints Commission v Russ [2021] NSWCATOD 5 Health Care Complaints Commission v Vincent [2012] NSWNMT 2 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 King v Health Care Complaints Commission [2011] NSWCA 353 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lucire v Health Care Complaints Commission [2011] NSWCA 99 NSW Bar Association v Meakes [2006] NSWCA 340 Nursing and Midwifery Board of Australia v Buckley [2010] QCAT 392 R v Qutami [2001] NSWCCA 353 Reisner v Bratt [2004] NSWCA 22 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Murray Govan (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (Self-Represented) File Number(s): 2021/00050764 Publication restriction: Not to be published until midnight on 11 January 2022.