Health Care Complaints Commission v FJV [2022] NSWCATOD 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v FJV [2022] NSWCATOD 123 Hearing dates: 30 May 2022 Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr M Cox, Senior Member Associate Prof A Demirkol, Senior Member R Kusuma, General Member Decision: (1) Pursuant to section 149C(4)(a) of the Health Practitioner Regulation National Law (NSW), if the practitioner were still registered, the Tribunal would have cancelled his registration. (2) Pursuant to section 149C(4)(b) of the Health Practitioner Regulation National Law (NSW), the practitioner is disqualified from being registered as a medical practitioner for 2 years from the date of these orders. (3) Pursuant to section 149C(4)(c) of the Health Practitioner Regulation National Law (NSW), the National Board is to record the fact that the Tribunal would have cancelled the practitioner's registration in the National Register kept by the Board. (4) Pursuant to section 149C(5A) of the Health Practitioner Regulation National Law (NSW), the respondent is prohibited from providing any health services until such time that he is re-registered as a medical practitioner. (5) The practitioner is to pay the Commission's costs pursuant to Clause 13, Schedule 5D of the Health Practitioner Regulation National Law (NSW), as agreed or assessed. (6) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the respondent's name (including any other identifying information as provided in s 64(4)) in connection with these proceedings, is restricted to the parties and their legal representatives, and to any other person or body where disclosure is necessary for the effective implementation and administration of the orders made in the proceedings, and is otherwise prohibited. (7) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the names of the respondent's children (including any other identifying information as provided in s 64(4)) in connection with these proceedings is prohibited. Catchwords: HEALTH — Professional registration and discipline — Complaints Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2010 (repealed) Health Practitioner Regulation (New South Wales) Regulation 2016 Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Council of the Law Society of NSW v CZD [2017] NSWCATOD 31 Council of the New South Wales Bar Association v EFA (No 2) [2021] NSWCATOD 84 Health Care Complaints Commission v FCE (No 2) [2021] NSWCATOD 203 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) FJV (Respondent) Representation: Counsel: P Dwyer (Respondent)