Health Care Complaints Commission v Singh [2023] NSWCATOD 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Singh [2023] NSWCATOD 124 Hearing dates: 26 to 30 June, 14 July and 1 August 2023 Date of orders: 24 August 2023 Decision date: 24 August 2023 Jurisdiction: Occupational Division Before: G Blake AM SC, Senior Member Dr R Engel, Senior Member (Professional) Dr D Kostur, Senior Member (Professional) R Kusuma, General Member Decision: 1. The publication of the following names, together with any information or material which could identify these persons, whether by itself or with other information and material, is prohibited; a. the 387 patients who attended Camden Healthcare Centre on 22 June 2021 (as recorded on pages 118 to 130 of exhibit R1); b. Patient A's sister-in-law. 2. The applicant is to inform the respondent of what protective orders and costs orders it seeks within 14 days. 3. The respondent is to file and serve any further evidence, and an outline of submissions, on what protective orders and costs orders should be made within 28 days thereafter. 4. The applicant is to file and serve any further evidence, and an outline of submissions, on what protective orders and costs orders should be made within 28 days thereafter. 5. The proceedings are adjourned for the conduct of the stage 2 hearing to a date to be fixed by the Registrar. Catchwords: TRADES AND PROFESSIONS – chiropractor - inappropriate sexual words and touching of patient - whether constitutes unsatisfactory professional conduct and professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 64 Crimes Act 1900 (NSW), ss 61HB, 61KC, Criminal Procedure Act 1986 (NSW), ss 3, 290, 292B, 292C, 292D, 293A, 294, 294AA Evidence Act 1995 (NSW), s 140 Evidence Act 2008 (Vic), s 97 Health Practitioner Regulation National Law (NSW), ss 40, 139B, 139E, 150, 164G, Sch 5, cl 2 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Campbell v Campbell [2015] NSWSC 784 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Chi Building Pty Ltd v Wedgwood [2016] NSWCATAP 64 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Health Care Complaints Commission v A Medical Practitioner [2001] NSWCA 158 Health Care Complaints Commission v Aref [2018] NSWCATOD 133 Health Care Complaints Commission v Gao [2022] NSWCATOD 73 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWCA 264 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Health Care Complaints Commission v Ng [2015] NSWCATOD 85 Health Care Complaints Commission v Priyamanna [2015] NSWCATOD 138 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Khan v General Medical Council [2021] EWHC 374 (Admin) King v Health Care Complaints Commission [2011] NSWCA 353 Maughan v R [2020] NSWCCA 51 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170 Rao v R [2019] NSWCCA 290 R v Bauer (2018) 266 CLR 56; [2018] HCA 40 R v The War Pensions Entitlement Appeals Tribunal; Ex parte Bott (1933) 50 CLR 228; [1933] HCA 30 Seamez v McLaughlin [1999] NSWSC 9 Xie & Ors v Qin & Anor; Qin v Taylor International Investment Pty Ltd [2023] NSWSC 254 Xu v R [2019] NSWCCA 178 Texts Cited: Chiropractic Board of Australia, Code of Conduct for Chiropractors (March 2014) Chiropractic Technique: Principles and Procedures by Thomas F Bergmann and David H Peterson (3rd edition, 2011, Elsevier) Macquarie Dictionary (Macmillan Publishers Australia 2023) Spinal Adjustment Technique: The Chiropractic Art by Stephen Esposito and Scott Philipson (2005, Aron Downie) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Atil Singh (Respondent) Representation: Counsel: A Petrie (Applicant) V Hartstein (Respondent)