Health Care Complaints Commission v Hoang [2023] NSWCATOD 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hoang [2023] NSWCATOD 158 Hearing dates: 26 September 2023 Date of orders: 09 November 2023 Decision date: 09 November 2023 Jurisdiction: Occupational Division Before: E Bishop SC, Senior Member T Hannan, Senior Member J Berg, Senior Member R Leontini, General Member Decision: 1. Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (the National Law) the Tribunal determines that if Ms Mary Hoang was still registered it would have cancelled her registration. 2. Ms Mary Hoang is precluded under s 149C(4)(b) of the National Law from being registered as a psychologist for a period of two years from the date of these orders. 3. Pursuant to clause 13 of schedule 5D of the National Law, Ms Mary Hoang is to pay the Health Care Complaints Commission's costs on an ordinary basis as agreed or assessed. Catchwords: PROFESSION AND TRADES — health care professionals — psychologist — misuse of Medicare provider number— misleading and false information — application for and receipt of charitable grant from a fund partly owned or controlled by a patient —whether conduct improper or unethical — whether unsatisfactory professional conduct — whether professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993, s 99 Health Practitioner Regulation National Law (NSW) ss 3, 3A, 139B, 139E, 149A, 149B, 149C, Sch 5D, cl 13 Cases Cited: 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 Han [2023] NSWCATOD 152 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 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mary Hoang (Respondent) Representation: Counsel: K Sharma (Applicant) A Horvath SC and E Lovell-Jones (Respondent) Solicitors: Gardner Legal & Regulatory (Respondent) File Number(s): 2023/00013118 Publication restriction: The name and addresses of persons and/or witnesses listed in the Schedule to the Complaint is prohibited from disclosure under s 64 of the Civil and Administrative Tribunal Act 2013 and cl 7 of Sch 5D of the Health Practitioner Regulation National Law