Health Care Complaints Commission v Paisley [2023] NSWCATOD 108

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Paisley [2023] NSWCATOD 108 Hearing dates: 3 July 2023 Date of orders: 24 July 2023 Decision date: 24 July 2023 Jurisdiction: Occupational Division Before: The Hon A Ainslie-Wallace ADCJ, Principal Member Dr S Messner, Senior Member Dr A Eyers, Senior Member D Telford, General Member Decision: (1) An order pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW) that if the practitioner were still registered, the Tribunal would have cancelled his registration. (2) Pursuant to s 149C(5A) of the Health Practitioner Regulation National Law (NSW), the practitioner is prohibited from providing health services for a period for 5 years from the date of the making of this order. (3) Pursuant to s 149C(4)(c) of the Health Practitioner Regulation National Law (NSW), the Medical Board of Australia is to record the fact that the Tribunal would have cancelled the practitioner's registration in the National Register kept by the Board. (4) Pursuant to cl 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), the practitioner is to pay the Health Care Complaints Commission's costs of the proceedings, as agreed or assessed. Catchwords: OCCUPATIONS – medical practitioners – misconduct and discipline – unsatisfactory professional conduct – professional misconduct – inappropriate personal and sexual relationship with patient – practitioner convicted of criminal offence – practitioner surrendered registration – appropriate protective orders Legislation Cited: Crimes Act 1900 (NSW), s 319 Health Practitioner Regulation National Law (NSW), ss 3, 3A, 55, 139, 139B, 139E, 144, 149C Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Pridgeon v Medical Council of New South Wales (2022) 108 NSWLR 264; [2022] NSWCA 60 Windsor v Health Care Complaints Commission [2020] NSWCA 110 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Keith Vincent Paisley (Respondent) Representation: Counsel: R Coffey (Respondent)