Health Care Complaints Commission v McNab (No. 2) [2023] NSWCATOD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v McNab (No. 2) [2023] NSWCATOD 151 Hearing dates: 31 August 2023 Date of orders: 13 October 2023 Decision date: 13 October 2023 Jurisdiction: Occupational Division Before: The Hon. J Stevenson ADCJ, Principal Member Dr C Newberry, Senior Member Dr S Patel, Senior Member Dr C Berglund, General Member Decision: 1. The registration of the Respondent, Andrew Graham McNab, is cancelled pursuant to sections 149C(1(b) and 149C(1)(c) of the Health Practitioner Regulation National Law (NSW) No. 86a. 2. A non-review period of 5 (five) years is set in respect of order (1). 3. Pursuant to section 149C (5) of the National Law, the Respondent Andrew Graham McNab is prohibited from providing a health service, as defined in section 4 of the Health Care Complaints Act 1993 for a period of 5 (five) years. 4. The Respondent Andrew Graham McNab shall pay the costs of the Applicant Health Care Commission as agreed or assessed. Catchwords: OCCUPATIONS – medical practitioners – misconduct and discipline – unsatisfactory professional conduct – professional misconduct – protective orders – prohibition order - costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s64(1)(a) Health Care Complaints Act 1993 (NSW): s4 Health Practitioner Regulation National Law (NSW): ss149C(1), 149C(5)(a), 149C(7) Cases Cited: Director-General, Department of Aging, Disability and Home Care v Lambert [2009] NSWCA 102 HCCC v Do [2014] NSWCA 307 HCCC v Kazeme [2020] NSW CATOD 25 HCCC v Brush [2015] NSW CATOD 120 HCCC v Choi [207] NSW CATOD 8 HCCC v Taylor [2010] NSW NT 10 HCCC v Shara [2015] NSW CATOD 99 HCCC v Philipiah [2013] NSWCATOD 342 HCCC v Livermore [2021] NSWCATOD 114 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Andrew Graham McNab (Respondent) Representation: Counsel: R Coffey (Respondent)