Health Care Complaints Commission v Lui [2022] NSWCATOD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Lui [2022] NSWCATOD 86 Hearing dates: 7 to 11 February 2022 Date of orders: 03 August 2022 Decision date: 03 August 2022 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member J Fogarty, Senior Member G Yeo, Senior Member J Barker, General Member Decision: 1. The Tribunal finds the Respondent guilty of professional misconduct and unsatisfactory professional conduct pursuant to s.139E(b) and 139B(1)(a) of the National Law. 2. The Registrar is to allocate hearing dates for the determination of Stage Two in this matter, namely, to determine if Protective Orders should be imposed upon the Respondent. Catchwords: HEALTH - Professional registration and discipline – Finding professional misconduct. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Cases Cited: Browne v Dunn (1893) 6 R. 67 (H.L.) Hampshire v Health Care Complaints Commission [2021] NSWCA 283 HCCC v Chahoud [2022] NSWCATOD 36 HCCC v King [2013] NSWMT 9 Health Care Complaints Commission v Gautam [2020] NSWCATOD 146 Heath Care Complaints Commission v Daly [2015] NSWCATOD 113 King v HCCC [2011] NSWCA 353 Medical Board of Australia v Dr Paul David Thompson [2020] TASPT 2 Pharmacy Board of Australia and Hamilton [2021] WASAT 138 Walton v McBride [1989] NSWCA 222 Zaidi v HCCC (1998) 44 NSWLR 82 Texts Cited: Medical Board of Australia's "Sexual Boundaries: Guidelines for Doctors (28 Oct 2011) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Tsz Ching Lui (Respondent) Representation: Counsel: A Horvarth SC (Applicant) R Rodger (Respondent)