Health Care Complaints Commission v Tran [2022] NSWCATOD 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tran [2022] NSWCATOD 129 Hearing dates: 2, 3 and 4 March 2022; Further written submissions, 28 March 2022 (Respondent) and 30 March 2022 (Applicant) Date of orders: 25 October 2022 Decision date: 25 October 2022 Jurisdiction: Occupational Division Before: The Hon T Sheahan ADCJ, Principal Member Dr A Reid, Senior Member Dr J Aitken, Senior Member Ms J Houen, General Member Decision: The Tribunal makes the following orders: (1) Pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW), Dr Vincent Dzung Tran's registration as a medical practitioner is cancelled; (2) Pursuant to s 149C(7), Dr Tran may not apply for a review of the cancellation order for a period of one year from the date of this decision; (3) Dr Tran is prohibited from providing a health service, as defined under s 4 of the Health Care Complaints Act, 1993, for a period of one year, being the non-review period imposed in order (2); (4) Dr Tran is ordered to pay the Commission's costs as agreed or assessed, and to be responsible for the costs of Dr Forrester giving oral evidence in the proceedings. Catchwords: HEALTH — professional registration — complaints — medical practitioner found guilty of unsatisfactory professional conduct and professional misconduct — costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Care Complaints Commission Act 1993 Health Practitioner Regulation (New South Wales) Regulation 2016 Cases Cited: Bannister v Walton (1993) 30 NSWLR 699 Campbell v Campbell [2015] NSWSC 784 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield [1997] NSWCA 297; 41 NSWLR 630 Health Care Complaints Commission v Parajuli [2010] NSWMT 3 Health Care Complaints Commission v Priyamanna [2015] NSWCATOD 138 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Vincent Dzung Tran (Respondent) Representation: Counsel: A Petrie (Applicant) T Saunders (Respondent)