Health Care Complaints Commission v Chen [2023] NSWCATOD 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chen [2023] NSWCATOD 184 Hearing dates: 7 and 8 November 2023 Date of orders: 14 December 2023 Decision date: 14 December 2023 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member E Pun, Senior Member J Lee, Senior Member R Kusuma, General Member Decision: 1. An order under s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW), the registration of the Respondent is cancelled. 2. Under s 149C(7) of the Health Practitioner Regulation National Law (NSW), a non-review period of two years is imposed. 3. Under clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), the Respondent is to pay the Applicant's costs as agreed or assessed. Catchwords: OCCUPATIONS – Chinese Medicine practitioner – misconduct and discipline – criminal findings – failure by the practitioner to notify the National Board – professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013, s 64 Crimes Act 1900, ss 61L, 61N(2) Crimes (Sentencing Procedure) Act 1999, s 9(1)(b) Health Practitioner Regulation National Law (NSW), ss 3(2), 3A(1), 109(1), 130(1), 139B(1), 139E, 144, 149C, 150, 150C, cl 13 of Sch 5D Cases Cited: Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Chowdhury [2015] NSWCATOD 65 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Marsh [2016] NSWCATOD 155 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mu Ping Chen (Respondent) Representation: Counsel: A Chhabra (Applicant)