Health Care Complaints Commission v Allen [2023] NSWCATOD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Allen [2023] NSWCATOD 69 Hearing dates: 13 and 14 February 2023 Date of orders: 31 May 2023 Decision date: 31 May 2023 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr H Wilson, Senior Member Dr J Aitken, Senior Member D Telford, General Member Decision: 1. Dr Allen's registration as a medical practitioner is cancelled pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW). 2. A non-review period of one year, from the date of these orders, is imposed upon Dr Allen pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW). 3. Dr Allen is to pay the costs of the Health Care Complaints Commission, to be agreed or assessed. Catchwords: HEALTH — Professional registration and discipline — Unsatisfactory professional conduct – Professional misconduct - impairment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Health Practitioner Regulation (New South Wales) Regulation 2016 Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Caladine v The Commissioner, New South Wales Health Care Complaints Commission [2007] NSWCA 362 Chen v Health Care Complaints Commission [2017] NSWCA 186 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Tung v Health Care Complaints Commission [2011] NSWCA 219 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Christopher Peter Allen (Respondent) Representation: Counsel: P Griffin SC (Respondent)