Health Care Complaints Commission v Prowse [2023] NSWCATOD 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Prowse [2023] NSWCATOD 56 Hearing dates: 17 April 2023 Date of orders: 12 May 2023 Decision date: 12 May 2023 Jurisdiction: Occupational Division Before: The Hon D Cowdroy AO KC, Principal Member Dr A White, Senior Member R Lander, Senior Member M Maher, General Member Decision: (1) The Respondent's registration as a psychologist be cancelled pursuant to section 149C(1)(b) of the National Law, with a non-review period of five years. (2) The Respondent pay the Applicant's costs, under clause 13 of Schedule 5D of the National Law, as agreed or assessed. (3) An order prohibiting the disclosure of the names of Client A, Client B, and Client C listed in the Schedule attached to the Applicant's Complaint and the Applicant's Amended Complaint, and the names of any relatives of such persons, pursuant to section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: HEALTH – professional registration and discipline – unsatisfactory professional conduct/professional misconduct – psychologist – psychologist imparting personal material to vulnerable patient – psychologist making false representations to vulnerable patient – relationship between psychologist and vulnerable patient – psychologist imparting personal information to another patient – boundary violation in breach of Code of Conduct – forming inappropriate relationship with client Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(a) Health Practitioner Regulation National Law (NSW), ss 3B, 5, 139(a), 139B(1), 139E, 144(d), 149C(1), 165J, Sch 5D cl 13 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Council of the NSW Bar Association v Power (2008) 71 NSWLR 451; [2008] NSWCA 135 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Ghosh v Health Care Complaints Commission [2020] NSWCA 353 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Mazzaferro [2011] NSWMT 9 Health Care Complaints Commission v Luque [2019] NSWCATOD 129 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 New South Wales Bar Association v Evatt (1968) 117 CLR 177; [1968] HCA 20 NSW Medical Board v Dinakar [2009] NSWMT 8 Ohn v Walton (1995) 36 NSWLR 77 Ziems v Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279; [1957] HCA 46 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Karen Lynne Prowse (Respondent) Representation: Counsel: I Chatterjee (Applicant)