Health Care Complaints Commission v Hill [2023] NSWCATOD 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hill [2023] NSWCATOD 101 Hearing dates: On the papers Date of orders: 13 July 2023 Decision date: 13 July 2023 Jurisdiction: Occupational Division Before: The Hon Le Poer Trench ADCJ, Principal Member Dr S Ieraci, Senior Member Dr S Hughes, Senior Member Hon Associate Prof P MacNeill, General Member Decision: (1) Pursuant to s 149(1)(a) of the Health Practitioner Regulation National Law (NSW) (the National Law), Dr Adam Hill is reprimanded. (2) Pursuant to cl 13 of Schedule 5D of the National Law, Dr Hill pay the costs of the proceedings in the Tribunal of the HCCC, as agreed or assessed. (3) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the name of Patient A listed in the Schedule to the Complaint is prohibited. Catchwords: OCCUPATIONS – medical practitioners – misconduct and discipline – unsatisfactory professional conduct – anaesthetist practitioner conducting examination during a procedure at invitation of surgeon – appropriate protective orders – practitioner reprimanded Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 50(2), 64 Health Practitioner Regulation National Law (NSW), ss 3, 3A, 139B, 149-149C, 165, Sch 5D cl 13 Cases Cited: Director-General, Dept of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Gayed v Walton [1997] NSWCA 121 Health Care Complaints Commission v Chahoud [2022] NSWCATOD 36 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Duggan [2015] NSWCATOD 142 Health Care Complaints Commission v Gott [2023] NSWCATOD 54 Health Care Complaints Commission v Jouda [2023] NSWCATOD 83 Health Care Complaints Commission v McKay [2022] NSWCATOD 95 Hill v Medical Council of New South Wales [2019] NSWCATOD 97 Hill v Medical Council of NSW [2019] NSWCATOD 52 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Complaints Commission (Applicant) Dr Adam Hill (Respondent) Representation: Counsel: K Richardson SC (Applicant) M Pulsford (Applicant, junior counsel) J Alderson (Respondent)