Health Care Complaints Commission v Gorrell [2022] NSWCATOD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Gorrell [2022] NSWCATOD 34 Hearing dates: 13,14 December 2021; submissions closed 22 December 2021 Date of orders: 16 March 2022 Decision date: 16 March 2022 Jurisdiction: Occupational Division Before: L Pearson, Principal Member Dr W Roberts, Senior Member T Hannan, Senior Member A Gray, General Member Decision: 1. The practitioner is guilty of unsatisfactory professional conduct as defined in s 139B(1)(l) of the Health Practitioner Regulation National Law (NSW), and guilty of professional misconduct as defined in s 139E of the Health Practitioner Regulation National Law (NSW). 2. The matter is to be listed for hearing as to what, if any, protective orders should be made as a consequence of the Tribunal's findings, on a date to be fixed by the Registrar taking into account the availability of the parties and their representatives. 3. The following directions are made: (1) The parties are to advise the Tribunal by 21 March 2022 of their available dates in May and June 2022, including whether the matter will require more than one day; (2) The HCCC is to provide to the Tribunal and the respondent notice of any protective orders sought as a consequence of the Tribunal's findings, and any further evidence and submissions, on or before 4 April 2022; (3) The respondent is to provide to the Tribunal and the HCCC any further evidence and submissions in response, on or before 26 April 2022; (4) The HCCC is to provide to the Tribunal and the respondent any further material in reply, on or before 3 May 2022; (5) The proceeding will be listed for a stage 2 hearing on a date after 3 May 2022. Catchwords: OCCUPATIONS – health practitioner – psychologist – alleged breach of professional boundaries – inappropriate physical and sexual contact with client – whether unsatisfactory professional conduct – whether professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Surveillance Devices Act 2007 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Health Care Complaints Commission v Yildirim [2021] NSWCATOD 146 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWCA 264 Texts Cited: Australian Psychological Society Code of Ethics (September 2007, reprinted April 2018) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Philip Gorrell (Respondent) Representation: Counsel: D New (Applicant) G Stanton (Respondent) (13 December 2021)