Health Care Complaints Commission v Segal [2022] NSWCATOD 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Segal [2022] NSWCATOD 71 Hearing dates: 14 – 17 March 2022 Date of orders: 27 July 2022 Decision date: 27 July 2022 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr M Cox, Senior Member Associate Professor G Albert, Senior Member R Wellington, General Member Decision: Dr Segal is guilty of unsatisfactory professional conduct as alleged in Complaint One, particulars 1,2,3,6 and 10. Dr Segal is guilty of professional misconduct, as alleged in Complaint 2. Catchwords: HEALTH — Professional registration and discipline — Professional misconduct – Unsatisfactory professional conduct – medical practitioner Legislation Cited: Health Records and Information Privacy Act 2002 Health Practitioner Regulation National Law (NSW) Cases Cited: Sullivan v Civil Aviation Authority (2014) 226 FCR 555 [2014] FCAFC 93 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Chen v Health Care Complaints Commission [2017] NSWCA 186 Campbell v Campbell [2015] NSWSC 784 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Shaun Segal (Respondent) Representation: Counsel: A Petrie (Applicant) P Griffin SC (Respondent)

Solicitors: Health Care Complaints Commission (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2021/00338902 Publication restriction: (1) The order made on 17 December 2021 under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) is revoked. (2) Pursuant to s 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013, publication of the name of the patient set out in the schedule to the complaint, Patient A, her ex-husband, her child or any of the persons identified as having an intimate personal relationship with her (except for Dr Segal) is prohibited. (3) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 the publication of any evidence given before the Tribunal in relation to the workplace (at any time), the occupation (at any time) or the identity of family members, of the persons described in Order 2, is prohibited. (4) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the publication of the names of the persons identified by Patient A as having disclosed to her that rumours were circulating about her personal life is prohibited. (5) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the publication of any information about events in Patient A's childhood is prohibited.