Health Care Complaints Commission v Guard (No. 3) [2022] NSWCATOD 161

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Guard (No. 3) [2022] NSWCATOD 161 Hearing dates: 28 November 2022 Date of orders: 8 December 2022 Decision date: 08 December 2022 Jurisdiction: Occupational Division Before: The Hon G Watts, ADCJ (Principal Member) Dr G Yeo (Senior Member) Dr L Cotterell (Senior Member) D Telford (General Member) Decision: 1. Pursuant to s 149C of the Health Practitioner Regulation National Law (NSW) ("the National Law") the registration of Dr Edwina Guard ("the practitioner") is cancelled from the date of this order. 2. Pursuant to s 149C(7) of the National Law the practitioner may not make any application to the Tribunal for review of Order 1 of these orders for a period of three (3) years from the date of this order. 3. The Registrar is requested as soon as practicable to notify the Medical Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1 and 2 of these orders. 4. The practitioner shall pay the Health Care Complaints Commission's costs of and incidental to these proceedings as agreed and failing agreement as assessed. Catchwords: HEALTH – Where practitioner found guilty of unsatisfactory professional conduct, professional misconduct and to be suffering from an impairment - Where conduct warrants cancellation of the practitioner's registration. Consideration of an appropriate period before the practitioner can apply for review of her registration. Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Health Care Complaints Commission v Collins [2021] NSWCATOD 132 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Guard (No 2) [2022] NSWCATOD 103 Health Care Complaints Commission v King [2013] NSWMT 9 Health Care Complaints Commission v Le [2021] NSWCATOD 104 Health Care Complaints Commission v Litchfield [1997] NSWSC 207; 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Pierce [2010] NSWNMT 23 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Edwina Valmai Guard (Respondent) Representation: Counsel: A Bhasin (Applicant)