Health Care Complaints Commission v Wardle (No 2) [2020] NSWCATOD 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wardle (No 2) [2020] NSWCATOD 160 Hearing dates: 19 February 2020 Date of orders: 5 March 2020 Decision date: 05 March 2020 Jurisdiction: Occupational Division Before: J Millbank, Senior Member Dr W Roberts, Senior Member J Haigh, Senior Member A Gray, General Member Decision: (1) Pursuant to findings of unsatisfactory professional conduct, professional misconduct and impairment, the registration of the practitioner as a psychologist is cancelled with immediate effect; (2) Pursuant to s 149C(7) of the National Law the practitioner may not apply to the Tribunal for a review of these orders for a period of 5 years from the date of these orders; (3) Pursuant to s 149C(5) the practitioner is prohibited from providing health services as defined in s 4(a),(b), (d)-(h) of the Health Care Complaints Act 1993 (NSW), whether provided as public, private or volunteer services, unless and until the Tribunal reviews order 1, above; (4) The respondent is to pay the applicant's costs of these proceedings as agreed or as assessed under the Legal Profession Uniform Law Act 2014 (NSW). (5) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibition of disclosure or publication of the names of Patients A and B listed in the schedule to the complaint, and of all other patients identified in the evidence. Catchwords: TRADES AND PROFESSIONS – Psychology – multiple boundary violations with two patients – personal, sexual and employment relationship with one former patient – personal, residential, employment and business relationship with another former patient – sexual harassment – failures to make and keep adequate clinical records – impairment – personality disorder Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Act 2014 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Goyer (No 2) [2019] NSWCATOD 195 Health Care Complaints Commission v Jiang [2018] NSWCATOD 78 Health Care Complaints Commission v Metelerkamp [2018] NSWCATOD 62 Health Care Complaints Commission v Perroux (No 2) NSWMT 22 Health Care Complaints Commission v Phillipiah [2013] NSWCA 342 Health Care Complaints Commission v Taylor [2010] NSWNT 10 Health Care Complaints Commission v Wardle [2019] NSWCATOD 172 Health Care Complaints Commission v Wong [2017] CATOD 99 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 Texts Cited: None cited Category: Sentence Parties: Health Care Complaints Commission (Applicant) Alistair Richard Wardle (Respondent) Representation: Counsel: A Britt (Applicant)