Health Care Complaints Commission v Yildirim (No 2) [2022] NSWCATOD 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Yildirim (No 2) [2022] NSWCATOD 100 Hearing dates: 26 April 2022, and written submissions dated 6 May 2022 Date of orders: 08 September 2022 Decision date: 08 September 2022 Jurisdiction: Occupational Division Before: A Britton, Deputy President R Boland, Senior Member J Sulentic, Senior Member J Barker, General Member Decision: (1) Mr Yildirim is reprimanded. (2) Mr Yildirim's registration is suspended for a period of six months. (3) After the period of suspension, the following conditions are imposed on Mr Yildirim's registration: (a) Mr Yildirim is not to treat any female patients. (b) Mr Yildirim is not to engage in solo practice, including as a locum. (c) Mr Yildirim must give his employer written notice of these conditions. Within five days of commencing new employment, Mr Yildirim must provide to the Physiotherapy Council of NSW (the Council) a statement signed by his current employer, which states that they have been provided with a copy of the conditions. (d) Mr Yildirim is to provide to the the Council any material requested by the Council to evidence compliance with the above conditions. (4) Mr Yildirim is not to seek review of these conditions for 24 months. (5) Mr Yildirim is to pay the Commission's costs, as agreed or assessed. Catchwords: HEALTH — registration and discipline — principles governing exercise of the discretion to make protective orders in respect of health practitioner found guilty of professional misconduct HEALTH — power to make a prohibition order under s 149C(5) of the Health Practitioner Regulation National Law (NSW) — whether health practitioner poses a substantial risk to the health of members of the public Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Ex parte Lenehan [1948] HCA 45; (1948) 77 CLR 403 HCCC v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Grygiel [2021] NSWCATOD 28 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Menz (No. 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Yildirim [2021] NSWCATOD 146 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Consequential orders Parties: Health Care Complaints Commission (Applicant) Oscar Yildirim (Respondent) Representation: Counsel: A Britt (Applicant) S Maybury (Respondent)