Health Care Complaints Commission v Swain [2022] NSWCATOD 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Swain [2022] NSWCATOD 157 Hearing dates: 14 November 2022 Date of orders: 1 December 2022 Decision date: 01 December 2022 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member Prof K Wilhelm, Senior Member Prof A Eyers, Senior Member Prof P Macneill, General Member Decision: (1) Pursuant to s 149C (l)(a) of the National Law, Dr Swain's registration is cancelled; and (2) Pursuant to s 149C (7) of the National Law, an application for review may not be made for a period of 1 year from the date of this decision. (3) Dr Swain to pay the costs of the Health Care Complaints Commission. (4) If Dr Swain is not registered then, in lieu of Order (1), pursuant to ss 149C (1)(a) and (4)(a) of the National Law, if Dr Swain were still registered the Tribunal would have cancelled her registration; and (5) If Dr Swain is not registered then, in lieu of Order (2), pursuant to ss 149C (4)(b) of the National Law, Dr Swain is disqualified from being registered for 1 year from the date of this decision. (6) If Dr Swain is not registered then, pursuant to s 149C(4)(c) of the National Law, the National Board is required to record the fact that if Dr Swain were still registered, the Tribunal would have cancelled her registration in the National Register kept by the Board. Catchwords: PROFESSIONS AND TRADES – health care professionals – whether practitioner suffers from an impairment – whether practitioner is competent to practise – appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 3A, 149C, 165I & 165J Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Anne-Louise Swain (Respondent) Representation: Counsel: D Pace (Applicant)