Weinzettel v Health Care Complaints Commission [2023] NSWCATOD 173

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Weinzettel v Health Care Complaints Commission [2023] NSWCATOD 173 Hearing dates: 7 August 2023 Date of orders: 24 November 2023 Decision date: 24 November 2023 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member Dr M Ryan, Senior Member S Hong, Senior Member A Gray, General Member Decision: (1) A reinstatement order under s 163B(1)(c) of the Health Practitioner Regulation National Law (NSW) is made in respect of Andrew Weinzettel (the practitioner) permitting him to be registered as a physiotherapist in accordance with Part 7 if the conditions in s 163B(3) are satisfied. (2) Pursuant to s 163B(4) of the Health Practitioner Regulation National Law (NSW), the following conditions are imposed on the practitioner's registration in the event that he is registered as a physiotherapist: Restrictions on Practice 1. Unless and until the Practitioner obtains a working with children check the Practitioner is not to provide physiotherapist services to any person under the age of 18 years. 2. In the event that Condition 1 ceases to apply for any reason, the Practitioner is not to provide any physiotherapist services to females under the age of 18 years without an adult chaperone present at all times. 3. The Practitioner is not to: (a) provide hydrotherapy services; (b) treat any female patient with groin injuries or deep hamstring tissue disorders; and (c) treat any female patients with lumbar spine disorders unless a chaperone is present. 4. The Practitioner is to work in a group practice, alongside other registered physiotherapist practitioners. Supervision 5. To practise under category C supervision in accordance with the Physiotherapy Council of NSW's Compliance Policy-Supervision (as varied from time to time) for a period of six months following registration. Medical 6. For a period of 18 months from the date of registration, to attend for treatment by Dr Pusic (or in the event Dr Pusic becomes unavailable another psychiatrist of his choice). The frequency of treatment is to be determined by the treating practitioner. The Practitioner is to authorise the treating practitioner to inform the Physiotherapist Council of NSW of any of the following: (a) failure to attend for treatment; (b) termination of treatment; or (b) a significant change in health status (including a significant temporary change). 7. For a period of 6 months from the date of registration, to attend for treatment by a psychiatrist/psychologist of his choice (who maybe Dr Pusic), with experience in sex offender counselling, in order to attend and participate in sex offender counselling and mental health counselling. The Practitioner must provide the Physiotherapy Council of NSW with the professional details of the treating practitioner. The frequency of treatment is to be determined by the treating practitioner. The Practitioner is to authorise the treating practitioner to inform the Physiotherapist Council of NSW of any of the following: (a) failure to attend for treatment; (b) termination of treatment; or (c) a significant change in health status (including a significant temporary change). Miscellaneous 8. The Practitioner is to forward evidence to the Physiotherapy Council of NSW within seven days of obtaining employment that the Practitioner has provided a copy of full conditions to his physiotherapist employer/s. 9. Within seven days of a change in the place of practice, the Practitioner is to forward evidence to the Physiotherapist Council of NSW that he has provided a copy of full conditions to the physiotherapist employer/s. 10. To authorise the Physiotherapist Council of NSW to exchange information with current and future persons and organisations at places where the Practitioner works as a physiotherapist in Australia, regarding any issues arising in relation to compliance with these conditions. The Practitioner must only be employed as a physiotherapist in circumstances where the employer has agreed to notify the Council of any breach of the conditions and exchange information with the Council related to compliance with the conditions. 11. The Practitioner is responsible for the costs associated with complying with the conditions unless otherwise specified. 12. Sections 125 to 127 of the Health Practitioner Regulation National Law (NSW) are to apply whilst the Practitioner's principal place of practice is anywhere in Australia other than in New South Wales, so that a review of these conditions can be conducted by the Physiotherapy Board of Australia. 13. The appropriate review body for the purpose of a review under sections 163 to 163C of the Health Practitioner Regulation National Law (NSW) is the Physiotherapy Council of NSW when the Practitioner has a principal place of practice in NSW. (3) The Applicant is to pay the costs of the Health Care Complaints Commission as assessed or agreed. Catchwords: Occupations – physiotherapists – reinstatement application - conditions Legislation Cited: Crimes Act 1900 (NSW), ss 91L(1) Health Practitioner Regulation National Law (NSW), ss 139E, 149A, 149C, 150, 163A, 163B, 163C(1) Cases Cited: Day v Medical Council of New South Wales [2021] NSWCATOD 6 Donnelly v Health Care Complaints Commission [2014] NSWCATOD 155 Haber v Health Care Complaints Commission [2018] NSWCATOD 16 Hanna v Medical Council of New South Wales [2016] NSWCATOD 108 Health Care Complaints Commission v Litchfield [1997] NSWCA 264; (1997) 41 NSWLR 630 Health Care Complaints Commission v Weinzettel [2021] NSWCATOD 10 Health Care Complaints Commission v Weinzettel (No 2) [2021] NSWCATOD 140 Health Care Complaints Commission v Wingate [2007] NSWCA 326; (2007) 70 NSWLR 323 Ng v Health Care Complaints Commission [2018] NSWCATOD 105 Richter v Walton [1993] NSWCA 15 July 1993 (unreported) Qasim v Medical Council of New South Wales [2021] NSWCA 173 Zaidi v Health Care Complaints Commission [1998] NSWSC 335; [1998] 44 NSWLR 82 Texts Cited: None Category: Principal judgment Parties: Andrew Weinzettel (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: A Britt (Applicant) E Lambert (Respondent)