Health Care Complaints Commission v Tsolis [2022] NSWCATOD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tsolis [2022] NSWCATOD 109 Hearing dates: 14, 15, 16, 17 March and 27 May 2022 Date of orders: 28 September 2022 Decision date: 28 September 2022 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member W Roberts, Senior Member C Allan, Senior Member R Kusuma, General Member Decision: 1. In relation to Complaint One: (a) each of Particulars 1(a) to (d) is established; (b) Particulars 1(e) and (f) are not established; (c) each of Particulars 2(a) to (d) is established. 2. Complaint One is established, that is that the practitioner is guilty of unsatisfactory professional conduct under s 139B(1)(a) of the National Law in that engaged in conduct that demonstrates the judgement possessed, or care exercised, by the practitioner in the practise of psychology is significantly below standard reasonably expected of a practitioner on equivalent level of training or experience. 3. In relation to Complaint Two: (a) each of Particulars (1)(a) to (c) is established; (b) each of Particulars (2), (3), (4) and 7 is not established; (c) Particulars (5)(a), (b) and (d) are established; (d) Particular 5(c) is not established, (e) Particulars (8) and (9) are established. 4. Complaint Two is established, that is that the practitioner is guilty of unsatisfactory professional conduct under s 139B(1)(l) of the National Law in that he engaged in improper or unethical conduct relating to the practice or purported practice of psychology. 5. Complaint Three is established, that is the practitioner is guilty of professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW). 6. Costs are reserved. 7. The matter be listed for directions in relation to the Stage 2 hearing and, if necessary, the redaction of these reasons. Catchwords: PROFESSIONS AND TRADES – health care professional - psychologist – where complaints of unsatisfactory professional conduct and professional misconduct are not admitted Legislation Cited: Civil and Administrative Tribunal Act 2010 (NSW) – ss 63, 64 Health Practitioner Regulation National Law (NSW) – ss 3, 3A, 5, 139B, 139E, 149A, 149C Cases Cited: Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Konigson [2021] NSWCATOD 186 Health Care Complaints Commission v Liu [2016] NSWCATOD Health Care Complaints Commission v Ng [2015] NSWCATOD 85 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Category: Principal judgment Parties: Health Care Complaints Commission, (Applicant) Sava Tsolis, (Respondent) Representation: Counsel: