Health Care Complaints Commission v Vaughn [2022] NSWCATOD 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Vaughn [2022] NSWCATOD 82 Hearing dates: 13 July 2022 Date of orders: 28 July 2022 Decision date: 28 July 2022 Jurisdiction: Occupational Division Before: The Hon D A Cowdroy, AO QC, Principal Member J Scanlan, Senior Member L Mackenzie, Senior Member J Houen, General Member Decision: (1) The disclosure of the names of the persons listed in Schedule A of the Complaint and in Schedule A of the Amended complaint be prohibited pursuant to section 64 of the Civil and Administrative Tribunal Act 2013. (2) Had the respondent practitioner been registered, his registration as an occupational therapist would have been cancelled pursuant to section 149C (4) (a) of the National Law. (3) The respondent be disqualified from registering as an Occupational Therapist for a period of two years from the date of these orders pursuant to section 149C (4) (b) of the Health Practitioner Regulation National Law. (4) The National Board and the Occupational Therapy Council of New South Wales record the fact that the Tribunal would have cancelled the practitioner's registration in the National Register kept by the Board as provided by section 149C (4) (c) of the Health Practitioner Regulation National Law. (5) The respondent pay the applicant's costs pursuant to clause 13 of Schedule 5D of the Health Practitioner Regulation National Law. Catchwords: OCCUPATIONS — medical practitioners — misconduct and discipline — unsatisfactory professional conduct – professional misconduct Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Bannister v Walton (1993) 30 NSWLR 699 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Clyne v New South Wales Bar Association [1960] HCA 40; 104 CLR 186 FTZK v Minister for Immigration and Anor [2014] are HCA 26 Ghosh v Health Care Complaints Commission [2020] NSWCA 353 Grenfell v Director-General of the Department of Finance and Services (2013) NSWADT 57 HCCC v Iskander [2015] NSWCATOD 30 HCCC v Stephan [2017] NSW CATOD 15 HCCC v XC [2015] NSWCATOD 9 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Mazzaferro [2011] NSWMT 9 Health Care Complaints Commission v Litchfield [1997) NSWSC 297; (1997) 41 NSWLR 630 Health Care Complaints Commission v Lui [2016] NSWCATOD 133 Health Care Complaints Commission v MacGregor [2016] NSWCATOD 86 Health Care Complaints Commission v Philipia [2013] NSWCA 342 Latoudis v Casey (1990) 170 CLR 534 McCarthy v The Law Society of New South Wales (1907) 43 NSWLR 42 NSW Bar Association v Meakes [2006] NSWCA 340 NSW Medical Board v Dinakar (2009) NSWMT 8 Office of Local Government v Toma [2016] NSWCATOD 21 Ohn v Walton (1995) 36 NSWLR 77 Qasim v HCCC [2015] NSWCA 282 R v Byrnes (1995) 183 CLR 501; [1995] HCA 1 Slezak, Dr Peter [2011] NSWMPSC 10 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Brendan Luke Vaughn (Respondent) Representation: Solicitor: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2022/00027858 Publication restriction: The disclosure of the names of the persons listed in Schedule A to the Complaint and of Schedule A of the Amended Complaint be prohibited pursuant to s 64 of the Civil and Administrative Tribunal Act 2013.