Health Care Complaints Commission v Han [2023] NSWCATOD 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Han [2023] NSWCATOD 152 Hearing dates: 9 August 2023 Date of orders: 19 October 2023 Decision date: 19 October 2023 Jurisdiction: Occupational Division Before: E Bishop SC, Senior Member Dr L Liang, Senior Member J Hue Lee, Senior Member A Gray, General Member Decision: 1. If Mr Han had been registered as at the date of these orders the Tribunal would have madean order cancelling his registration pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (the National Law). 2. Pursuant to s 149C(4)(b) of the National Law Mr Han is disqualified from being registered for 12 months from the date of these orders. 3. The Registrar is to notify the National Board that it should pursuant to s 149C(4)(c) record on the register the fact the Tribunal would have cancelled Mr Han's registration if he had been registered. 4. Mr Han is to pay the applicant's costs under cl 13 of Sch 5D of the National Law as agreed or assessed. Catchwords: PROFESSION AND TRADES — health care professionals — Chinese medicine — practice without registration — failure to have professional indemnity insurance — whether conduct improper of unethical — whether unsatisfactory professional conduct — whether professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) 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 Clyne v NSW Bar Association (1960) 104 CLR 186; [1960] HCA 40 Health Care Complaints Commission v Istephan (No 2) [2017] NSWCATOD 116 Health Care Complaints Commission v Knowles [2020] NSWCATOD 80 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Little [2016] NSWCATOD 146 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Health Care Complaints Commission v Sare [2018] NSWCATOD 190 Jung v The Queen [2017] NSWCCA 24 Lee v Health Care Complaints Commission [2012] NSWCA 80 Medical Council of NSW v Lee [2017] NSWCA 282 Office of Local Government v Toma [2016] NSWCATOD 21 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Gyu Hyuk Han (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (Self-represented) File Number(s): 2023/00116863 Publication restriction: Nil