Health Care Complaints Commission v Sun [2022] NSWCATOD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sun [2022] NSWCATOD 147 Hearing dates: 21 September 2022 and by written submissions dated 26 October 2022 and 9 November 2022 Date of orders: 16 November 2022 Decision date: 16 November 2022 Jurisdiction: Occupational Division Before: The Hon Jennifer Boland AM, Deputy President Dr R Lain, Senior Member Dr K Campbell, Senior Member S Lovrovich, General Member Decision: 1. Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (the National Law) the Tribunal determined that if Young Hoon Sun (the practitioner) had been registered it would have cancelled his registration. 2. Pursuant to s 149C(4)(b) of the National Law the National Board is required to record the fact that if the practitioner had been registered the Tribunal would have cancelled the practitioner's registration. 3. The practitioner may not seek a re-instatement order for a period of 5 years from the date of these orders. 4. The practitioner shall pay the Health Care Complaints Commission's costs of and incidental to the proceedings as agreed or failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH – Professional Registration and discipline – criminal offences – whether practitioner unsuitable to hold registration Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 Evidence Act 1995 (NSW) Health Practitioner Regulation National Law Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Sun [2016] NSWCATOD 80 Health Care Complaints Commission v Wood [2020] NSWCATOD 60 Pridgeon v Medical Council of New South Wales [2022] NSWCA 60 Windsor v Health Care Complaints Commission [2020] NSWCA 110 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Young Hoon Sun (Respondent) Representation: Counsel: R Coffey (Respondent)