Health Care Complaints Commission v Johnson [2023] NSWCATOD 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Johnson [2023] NSWCATOD 165 Hearing dates: 23 - 26 October 2023 Date of orders: 15 November 2023 Decision date: 15 November 2023 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member Dr K Arnold, Senior Member Dr P Young, Senior Member J Houen, General Member Decision: (1) Pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW), Dr Johnson's registration as a medical practitioner is cancelled. (2) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW) , Dr Johnson may not apply for a review of Order (1) for a period of two years from the date of this decision. (3) Dr Johnson to pay the costs of the Health Care Complaints Commission for the whole of the proceedings. (4) Order (3) is stayed for 14 days to enable any party seeking a different Order in relation to costs to file and serve submissions in relation to his or its proposed Order within those 14 days. The submissions are also to address whether the decision on costs can be made on the papers as permitted by s 50(2) of the Civil and Administrative Tribunal Act 2013 or whether there should/must be oral submissions. If submissions are filed within 14 days, then Order 3 will continue to be stayed until a final decision in relation to costs has been made by the Tribunal. Catchwords: OCCUPATIONS – Medical practitioners – Misconduct and discipline – Unsatisfactory professional conduct – Professional misconduct – Protective Orders Legislation Cited: Health Practitioner Regulation National Law (NSW) ss 3A, 139B(1)(a), 139B(1)(b), 139B(1)(l), 139E, 149C(1)(b) and 149C(7) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA186 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 Health Care Complaints Commission v Bainbridge [2018] NSWCATOD 169 Health Care Complaints Commission v Daniel [2022] NSWCATOD 104 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Luque [2019] NSWCATOD 129 Health Care Complaints Commission v Wingate [2007] NSWCA 326 Lucire v Health Care Complaints Commission [2011] NSWCA 99 NSW Bar Association v Meakes [2006] NSWCA 340 Parker v Comptroller of Customs [2009] HCA 7 R v Byrnes (1995) 183 CLR 501 Re A Medical Practitioner and the Medical Practice Act, (NSWMT, 3 September 2007, unrep) Texts Cited: Medical Board of Australia: Good Medical Practice: A Code of Conduct for Doctors in Australia March 2014 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Luke Johnson (Respondent) Representation: Counsel: I Chatterjee (Applicant) J Needham SC (Respondent)