Health Care Complaints Commission v Gorrell (No 2) [2022] NSWCATOD 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Gorrell (No 2) [2022] NSWCATOD 62 Hearing dates: 6 May 2022 Date of orders: 16 June 2022 Decision date: 16 June 2022 Jurisdiction: Occupational Division Before: L Pearson, Principal Member Dr W Roberts, Senior Member T Hannan, Senior Member A Gray, General Member Decision: (1) Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW), if the respondent were still registered the Tribunal would have cancelled his registration; (2) Pursuant to s 149C(4)(b) of the Health Practitioner Regulation National Law (NSW), the respondent is disqualified from being registered in the profession of psychology for a period of five years; (3) Pursuant to s 149C(4)(c) of the Health Practitioner Regulation National Law (NSW), the Psychology Board is to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board; (4) Pursuant to s 149C(5) of the Health Practitioner Regulation National Law (NSW), the respondent is prohibited from providing any health services including provision of mental health, psychological or counselling services unless and until the Tribunal makes a reinstatement or other order in relation to the practitioner under s 163B of the Health Practitioner Regulation National Law (NSW); (5) Pursuant to cl 13 of Sch 5D of the Health Practitioner Regulation National Law (NSW) the respondent is to pay the Health Care Complaints Commission's costs of the proceedings, as agreed or assessed. Catchwords: OCCUPATIONS – health practitioner – psychologist – unsatisfactory professional conduct – professional misconduct – protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Surveillance Devices Act 2007 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Gorrell [2022] NSWCATOD 34 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Philipiah [2013] NSWCA 342. Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Vito Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Philip Gorrell (Respondent) Representation: Counsel: D New (Applicant)