Health Care Complaints Commission v Litchfield [2022] NSWCATOD 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Litchfield [2022] NSWCATOD 97 Hearing dates: 22 - 25, 26 November 2021, 27, 28, 31 January 2022 and 17 March 2022 Date of orders: 31 August 2022 Decision date: 31 August 2022 Jurisdiction: Occupational Division Before: Coleman SC ADCJ, Principal Member Dr E Bernardi, Senior Member Dr J Aitken, Senior Member Dr C Berglund, General Member Decision: 1. The Tribunal having found Dr Bruce Desmond Litchfield (the Respondent) guilty of professional misconduct orders: (a) within fourteen days of the date of these orders the Applicant is to file and serve a list of conditions which it contends should be additional to, variations of, or alternatives to the list of conditions which the Respondent contends should be imposed on the registration of the Respondent, if his registration is not suspended or cancelled, together with submissions, not exceeding 10 pages in length in support of such proposed conditions. (b) Within twenty-one days of the date of these orders the Respondent is to file and serve his response to the conditions proposed by the Applicant pursuant to order 1 (a), together with submissions in writing not exceeding 10 pages in length in support of each proposed condition. (c) Within twenty-one days of the date of these orders any party opposing the Tribunal making an order disposing with a hearing of the determination of the issues referred to in Orders 1(a) and (b) of these orders pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) file and serve submissions in writing not exceeding 3 pages in length in opposition. Catchwords: PROFESSIONS AND TRADES – health care practitioners – medical practitioner – unsatisfactory professional conduct – professional misconduct – impairment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: A v N [2012] NSWSC 354 Australian Competition and Consumer Commission v Metcash Trading Limited [2011] FCAFC 151; (2011) 198 FCR 297; (2011) 284 ALR 662 Australian Securities Commission v Nomura International plc [1998] FCA 1570; (1998) FCR 301; (1998) 160 ALR 246 AW v The Queen [2009] NSWCCA 1 Blatch v Archer (1774) 98 ER 969 Briginshaw v Briginshaw [1938] HCA 34; (1934) 60 CLR 336 Campbell v Campbell [2015] NSWSC 784 Chen v Health Care Complaints Commission [2017] NSWCA 186: (2017) 95 NSWR 334 Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 G v H [1994] HCA 48; (1994) 181 CLR 387 Hampshire v Health Care Complaints Commission [2021] NSWCA 283 Health Care Complaints Commission v Burton [2017] NSWCATOD 57 Health Care Complaints Commission v CWY [2017] NSWCATOD 6 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Flett [2016] NSWCATOD 138 Health Care Complaints Commission v Gao [2022] NSWCATOD 73 Health Care Complaints Commission v Govan [2021] NSWCATOD 219 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v King [2013] NSWMT 9 Health Care Complaints Commission v Litchfield [1997] NSWCA 264; (1997) 41 NSWLR 630 Health Care Complaints Commission v Little [2016] NSWCTAOD 146 Health Care Complaints Commission v Ross [2019] NSWCATOD 153 Health Care Complaints Commission v Thiruvarangam (AKA Rangam) [2017] NSWCATOD 179 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Health Care Complaints Commission v Yildirim [2021] NSWCATOD 146 Ho v Powell [2001] NSWCA 168; (2001) 51 NSWLR 572 Hobhouse v McArthur-Onslow [2016] NSWSC 1831 Lee v The Queen [1998] HCA 60; (1998) 195 CLR 594 Lindsay v Health Care Complaints Commission [2005] NSWCA 356 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305: (2001) 52 NSWLR 705 Martin v Osborne [1936] HCA 23; (1936) 55 CLR 367 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Papakosmas v The Queen [1999] HCA 37; (1999) 198 CLR 297 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 555 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 R v Byrnes & Hopwood [1995] HCA 1; (1995) 183 CLR 501 R v Whyte [2006] NSWCCA 75 RJE v Secretary, Department of Justice [2008] VSCA 265 Secretary, Department of Employment, Education, Training and Youth Affairs v Barrett [1998] FCA 384; (1998) 82 FCR 524 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Shuquan Liu v Health Care Complaints Commission [2018] NSWSC 315 Tillmans Butcheries Pty Limited v Australasian Meat Industry Employees' Union [1979] 42 FLR 331 Category: Principal judgment Parties: Health Care Complaints Commission (applicant) Bruce Desmond Litchfield (respondent) Representation: Counsel: P Lowson (applicant) P Aitken (respondent)