Health Care Complaints Commission v Lucire (No 2) [2023] NSWCATOD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Lucire (No 2) [2023] NSWCATOD 31 Hearing dates: 14 December 2022 Date of orders: 21 March 2023 Decision date: 21 March 2023 Jurisdiction: Occupational Division Before: N Hennessy ADCJ, Deputy President Dr E Bernardi, Senior Member Dr K Arnold, Senior Member Honorary Associate Prof P Macneill, General Member Decision: (1) Dr Lucire's registration as a medical practitioner is cancelled. (2) Dr Lucire may not apply for review of Order 1 under Part 8 Division 8 of the Health Practitioner Regulation National Law (NSW) for one year from the date of this decision. (3) Dr Lucire is to pay the costs of the Health Care Complaints Commission as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH – professional registration and discipline – professional misconduct – appropriate orders following finding of professional misconduct – effect of applicant indicating orders it would seek during Stage 1 proceedings and then seeking more onerous orders during Stage 2 proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Health Practitioner Regulation National Law (NSW), ss 3(2)(a), 3(3)(c), 3A, 139B(1)(a), 139B(1)(l), 139E, 149A, 149C(1)(b), 149C(7), Pt 8 Div 8, Sch 5D cll 5, 13. Legal Profession Uniform Application Act 2014 (NSW) Mental Health Act 2007 (NSW), ss 12-16 Poisons and Therapeutic Goods Regulation 2008 (NSW), Sch 4 Appendix D, Sch 8 Cases Cited: Council of the New South Wales Bar Association v EFA (a pseudonym) (2021) 106 NSWLR 383; [2021] NSWCA 339 Gad v Health Care Complaints Commission [2002] NSWCA 111 Gautum v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Lucire [2022] NSWCATOD 74 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: Katalinic N., Lai R., Somogyi A., Mitchell P. B., Glue P., Loo C. K., "Ketamine as a new treatment for depression: A review of its efficacy and adverse effects" (2013) Australian & New Zealand Journal of Psychiatry 47(8), 710-727 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Yolande Lucire (Respondent) Representation: Counsel: P Aitken (Applicant) M Hutchings (Respondent)