Health Care Complaints Commission v Thistlethwaite [2023] NSWCATOD 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Thistlethwaite [2023] NSWCATOD 95 Hearing dates: 8 – 10 May 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member A McAlpine, Senior Member M Smith, Senior Member M Ficarra, General Member Decision: (1) Under s 149C(1)(c) of the Health Practitioner Regulation National Law (NSW), the registration of the Respondent is cancelled. (2) Under s 149C(7) of the Health Practitioner Regulation National Law (NSW), a non-review period of 5 years is imposed. (3) Under s 149C(5) of the Health Practitioner Regulation National Law (NSW), the Respondent is prohibited from providing a health service as defined by s 4 of the Health Care Complaints Act 1993 (NSW). (4) Under clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), the Respondent is to pay the Applicant's costs as agreed or, failing agreement, as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). (5) The Respondent's application for a non-publication order of his name is refused. (6) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), an order is made prohibiting the publication or disclosure of the names of Patients A – H and the name of Person A listed in the Schedule attached to the Complaint. Catchwords: OCCUPATIONS – paramedic – professional registration and discipline – criminal offences and convictions – unsatisfactory professional conduct – unfit in the public interest – prohibition order – non-publication order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Crimes Act 1900 (NSW), ss 61KD(1)(a), 61M(1) Health Care Complaints Act 1993 (NSW), s 4 Health Practitioner Regulation National Law (NSW), ss 3, 3A, 41, 139B, 144, 149C, 165K, Sch 5D cll 7, 13 Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Council of the New South Wales Bar Association v EFA (No 2) [2021] NSWCATOD 84 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Karunaratne (No 2) [2018] NSWCATOD 201 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Heath Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Vo [2014] NSWCATOD 127 Health Care Complaints Commission v Wood [2020] NSWCATOD 60 Kostov v Ecclesia Housing Limited (No 3) [2018] NSWCATAP 221 Lee v Health Care Complaints Commission [2012] NSWCA 80 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 Pharmacy Council of NSW v Ibrahim [2020] NSWSC 708 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Peter John Thistlethwaite (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2022/00284154 Publication restriction: Pursuant to section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), publication or disclosure of the names of Patients A – H and Person A listed in the Schedule attached to the Complaint is prohibited.