Patrech v Psychology Board of Australia [2022] NSWCATOD 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Patrech v Psychology Board of Australia [2022] NSWCATOD 117 Hearing dates: 15, 16, 17 August 2022, 20 September 2022 (final submissions) Date of orders: 17 October 2022 Decision date: 17 October 2022 Jurisdiction: Occupational Division Before: A Britton, Deputy President J Berg, Senior Member T Hannan, Senior Member R Kusuma, General Member Decision: (1) The decision under appeal is confirmed. (2) Within 10 days of the date of this decision, Mr Patrech is to give to the Tribunal and the Board written submissions replying to the Board's application for costs. (3) Within 17 days of the date of this decision, the Board is to give to Mr Patrech and the Tribunal any submissions in reply. (4) Within 20 days of this decision, each party must notify the Tribunal and each other whether the issues to be determined in the Board's application for costs can adequately be determined without a hearing by considering the parties' written submissions. Catchwords: APPEALS — appeal from decision of Psychology Board of Australia under s 175(1)(a) of the Health Practitioner Regulation National Law (NSW) — nature of appeal de novo HEALTH — whether appellant met a requirement for registration stated in an approved registration standard for the profession HEALTH — meaning of "impairment" in s 5 of the Health Practitioner Regulation National Law (NSW) – whether appellant has an impairment HEALTH — whether appellant is not a fit or proper person to hold registration: National Law, s 55(1)(h)(i) CRIME — whether orders made under s 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW) constitute a finding of guilt HEALTH — having regard to appellant's criminal history whether it is not in the public interest for him to practise the profession of psychology: National Law, s 55(1)(b) PROFESSIONS AND TRADES — whether eligibility for registration can be achieved by the imposition of conditions under s 52(2) of the Health Practitioner Regulation National Law (NSW) PRACTICE AND PROCEDURE – material filed without leave Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1990 (NSW) Costs in Criminal Cases Act 1967 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Cases Cited: McMahon v The Nursing and Midwifery Board of Australia [2013] NSWNMT 4 Allesch v Munch [2000] HCA 40; 203 CLR 172 Young v Royal Society for the Prevention of Cruelty to Animals New South Wales [2020] NSWCA 360 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Istephan (No 2) [2017] NSWCATOD 116 Caladine v Health Care Complaints Commission [2007] NSWCA Jung v R [2017] NSWCCA 24 Health Care Complaints Commission v Astor-Finn [2016] NSWCATOD 73 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Grant v Health Care Complaints Commission [2003] NSWCA 73 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Chinese Medicine Board of Australia v Lee [2014] QCA 149 NT Power Generation Pty Ltd v Power and Water Authority (2004) 219 CLR 90 [2004] HCA 48 Bale v Mills [2011] NSWCA 226; 81 NSWLR 498 R v Adam Scott Patrech (District Court (NSW), 9 February 2022, unrep Texts Cited: Psychology Board of Australia, "Registration standard: recency of practice", 1 June 2016 Australian Health Practitioner Regulation Authority, Registration Standard: Criminal History", 1 July 2015 Australian Psychological Society, Code of Ethics, 2003 Category: Principal judgment Parties: Adam Patrech (Appelant) Psychology Board of Australia (Respondent) Representation: Appellant (self-represented)