Health Care Complaints Commission v Gao (No 2) [2023] NSWCATOD 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Gao (No 2) [2023] NSWCATOD 19 Hearing dates: 03 November 2022 Date of orders: 06 March 2023 Decision date: 06 March 2023 Jurisdiction: Occupational Division Before: I R Coleman SC ADCJ, Principal Member Dr G Yeo, Senior Member Dr J Fogarty, Senior Member D Telford, General Member Decision: (1) Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) (National Law), the registration of the Respondent as a medical practitioner is cancelled. (2) Pursuant to s 149C(7) of the National Law, the Respondent may not make an application for review of order 1 for a period of one year from the date of these orders. (3) Any party making an application for costs file and serve written submissions not exceeding 5 pages in length in support of such application within 35 days of these orders. (4) A party resisting an application for costs file and serve written submissions not exceeding 5 pages in length in support of such opposition within 70 days of these orders. (5) Any party opposing an order pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) dispensing with a hearing of any costs applications include submissions in support of such opposition in that party's submissions pursuant to order 3 or 4 of these orders. Catchwords: HEALTH – professional registration and discipline – professional misconduct – whether medical practitioner's registration should be cancelled or continue subject to conditions including prohibition on treatment of female patients and requirement to undergo psychological counselling – whether practitioner should be unable to apply for review of protective orders for a specified period Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 50A(2), 64(1) Health Practitioner Regulation National Law (NSW), ss 3A, 4, 149C(1)(b), 149C(7), 163A(1)(b), 163A(3)(a), 163B Cases Cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1; [1990] HCA 21 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Heath Care Complaints Commission [2017] NSWCA 186 Crickett v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Dawson v Law Society of New South Wales [1989] NSWCA 58 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) ALJR 1088 Health Care Complaints Commission v Buys (No 3) [2020] NSWCATOD 102 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Gao [2022] NSWCATOD 73 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53. Health Care Complaints Commission v He [2020] NSWCATOD 50 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630; [1997] NSWCA 264 Health Care Complaints Commission v Litchfield [2022] NSWCATOD 97 Health Care Complaints Commission v Luque [2019] NSWCATOD 129 Health Care Complaints Commission v Sbirziola [2022] NSWCATOD 118 Health Care Complaints Commission v Sinnathurai (No 2) [2021] NSWCATOD 177 Health Care Complaints Commission v Sinnathurai (No 3) [2022] NSWCATOD 10 Lee v Health Care Complaints Commission [2012] NSWCA 80 McDonald v Director-General of Social Security (1984) 1 FCR 354; [1984] FCA 57 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd and Ors [1992] HCA 66; (1992) 67 ALJR 170 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Pridgeon v Medical Council of NSW [2022] NSWCA 60 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Sun v Minister for Immigration and Border Protection (2016) 243 FCR 220; [2016] FCAFC 52 SZLVZ v Minister for Immigration and Citizenship [2008] FCA 1816 Ward v Williams (1955) 92 CLR 496; [1955] HCA 5 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Edward Renzhong Gao (Respondent) Representation: Counsel: I Chatterjee (Applicant) T Hammond (Respondent)