Health Care Complaints Commission v Sbirziola [2022] NSWCATOD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sbirziola [2022] NSWCATOD 118 Hearing dates: 4 October 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Occupational Division Before: The Hon Jennifer Boland AM, Deputy President D North OAM, Senior Member T Hehir, Senior Member R Kusuma, General Member Decision: 1. Pursuant to s 149C(4) of the Health Practitioner Regulation National Law (NSW) (the National Law) the Tribunal determined that if Luigi Sbirziola (the practitioner) was still registered it would have cancelled his registration. 2. Pursuant to s 149C(7) of the National Law the practitioner may not seek review of Order 1 for a period of 10 years from the date of these orders. 3. Pursuant to s 149C(4)(c) of the National Law that the National Board is required to record the fact that if the practitioner was still registered, the Tribunal would have cancelled his registration in the National Register kept by the Board. 4. Pursuant to s 149C(5) the practitioner is prohibited from providing a health service as defined in s 4 of the Health Care Complaints Act 1993 (NSW) for a period of 10 years. 5. The practitioner is to pay the costs of the Health Care Complaints Commission of and incidental to these proceedings as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH – Professional registration and discipline – whether practitioner convicted of criminal offences suitable to hold registration – whether Prohibition Order should be made where Prohibition Order made under Child Protection (Offenders Prohibition Orders) Act 2004 Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 Civil and Administrative Tribunal Act 2013 (NSW) Commission for Children and Young People Act 1998 (NSW) (repealed) Crimes Act 1900 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v New South Wales Bar Association (1960) 104 CLR 186 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complaints Commission v David Vuong [2022] NSWCATOD 84 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Haasbroek [2018] NSWCATOD 177 Health Care Complaints Commission v Jason Vuong [2022] NSWCATOD 83 Health Care Complaints Commission v Le [2022] NSWCATOD 85 Health Care Complaints Commission v McAlpine [2022] NSWCATOD 92 Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Health Care Complaints Commission v Thomas [2019] NSWCATOD 163 Health Care Complaints Commission v Wingate [2007] NSWCA 326 Health Care Complaints Commission v Yildirim (No 2) [2022] NSWCATOD 100 Windsor v Health Care Complaints Commission [2020] NSWCA 110 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Luigi Sbirziola (Respondent) Representation: Solicitors: Heath Care Complaints Commission (Applicant) Clinch Long Woodbridge (Respondent) File Number(s): 2022/00198385 Publication restriction: On 4 October 2022 an order was made pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act prohibiting the publication of the names of the persons set out in the Schedule to the Amended Complaint.