Health Care Complaints Commission v John [2023] NSWCATOD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v John [2023] NSWCATOD 45 Hearing dates: 23 – 24 February 2023 Date of orders: 13 April 2023 Decision date: 13 April 2023 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member M Smith, Senior Member C Hutchins, Senior Member A Gray, General Member Decision: (1) The Respondent is guilty of unsatisfactory professional conduct under s 139B(1)(a) of the Health Practitioner Regulation National Law (NSW) in that the Respondent has engaged in improper or unethical conduct relating to the practice or purported practice of paramedicine. (2) The Respondent is guilty of unsatisfactory professional conduct under s 139B(1)(a) and/or (l) of the Health Practitioner Regulation National Law (NSW) in that the Respondent has engaged in conduct that demonstrates the judgment possessed, or care exercised, by the Respondent in the practice of paramedicine is significantly below the standard reasonably expected of a practitioner of an equivalent level of training or experience and/or has engaged in other improper or unethical conduct relating to the practice or purported practice of medicine. (3) The Respondent is guilty of professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW) in that the Respondent has engaged in unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation of the Respondent's registration and/or engaged in more than one instance of unsatisfactory professional conduct that, when the instances are considered together, amounted to conduct a sufficiently serious nature to justify the suspension or cancellation of the practitioner's registration. (4) Pursuant to s 149C of the Health Practitioner Regulation National Law (NSW), the Respondent's registration as a health practitioner is suspended for a period of three months. (5) Pursuant to s 149A of the Health Practitioner Regulation National Law (NSW), there is imposed in relation to the Respondent's registration as a paramedic the conditions attached to these reasons in Schedule A. (6) The Respondent shall pay the Applicant's costs under clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW) as agreed or assessed. Catchwords: OCCUPATIONS – health practitioners – misconduct and discipline – paramedic – whether practitioner guilty of unsatisfactory professional conduct and professional misconduct – cancellation of registration or suspension with conditions Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64(1) Health Care Complaints Act 1993 (NSW), ss 39(2), 90B(3) Health Practitioner Regulation National Law (NSW), ss 139B(1), 139E, 144(b), 145A, 149, 149A, 149C, Sch 5D cl 13 Public Health Act 2010 (NSW), ss 7, 10 Cases Cited: Chen v Health Care Complaints Commission (2017) 95 NSWLR 335; [2017] NSWCA 186 Health Care Complaints Commission v Burton [2017] NSWCATOD 57 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Sally-Ann John (Respondent) Representation: Counsel: D Fuller (Applicant) P Dwyer (Respondent)