Health Care Complaints Commission v Drysdale [2023] NSWCATOD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Drysdale [2023] NSWCATOD 50 Hearing dates: 20 – 21 March 2023 Date of orders: 28 April 2023 Decision date: 28 April 2023 Jurisdiction: Occupational Division Before: The Hon D Cowdroy AO KC, Principal Member T Hannan, Senior Member J Berg, Senior Member Dr R Leontini, General Member Decision: (1) Cancellation of the Respondent's registration, pursuant to ss 149C(1)(a) and (b) of the National Law, with a non-review period of 18 months. (2) A prohibition order prohibiting the Respondent from providing a health service, as defined in s 4 of the Health Care Complaints Act 1993 (NSW), for the same period as the non-review period imposed. (3) An order that the Respondent pay the Commission's costs as agreed or assessed under clause 13 of Schedule 5D of the National Law. Catchwords: HEALTH – professional registration and discipline – professional misconduct/unsatisfactory professional conduct – psychologist – proceedings under s 150 of the National Law – practitioner failing to comply with conditions of practice – failure to maintain appropriate records – failing to maintain compulsory professional indemnity insurance – practitioner suffering from impairment Legislation Cited: Health Care Complaints Act 1993 (NSW), s 4 Health Practitioner Regulation National Law (NSW), ss 3A, 5, 129, 139(a), 139B, 139E, 144(d), 165J Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Grenfell v Director General of the Department of Finance and Services [2013] NSWADT 57 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Mazzaferro [2011] NSWMT 9 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 New South Wales Bar Association v Evatt (1968) 117 CLR 177 at 184; [1968] HCA 20 NSW Medical Board v Dinakar [2009] NSWMT 8 Ohn v Walton (1995) 36 NSWLR 77 Steel v Medical Council of New South Wales [2020] NSWCATOD 77 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Belinda Joy Drysdale (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented, no appearance) File Number(s): 2022/00269915 Publication restriction: Nil