Health Care Complaints Commission v Baxter [2023] NSWCATOD 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Baxter [2023] NSWCATOD 185 Hearing dates: 19 - 20 June 2023; written submissions 4, 18 July 2023 Date of orders: 14 December 2023 Decision date: 14 December 2023 Jurisdiction: Occupational Division Before: The Hon J Stevenson ADCJ, Principal Member S Cochrane, Senior Member P Coop, Senior Member C Gardiner, General Member Decision: 1 The registration of the Respondent Philip James Baxter is cancelled pursuant to section 149C(1)(b) of the Health Practitioner Regulation National Law. 2 A non-review period of five (5) years is set in respect of order 1, pursuant to section 149C(7) of the Health Practitioner Regulation National Law. 3 Pursuant to section 149(5) of the National Law the Respondent Philip James Baxter is prohibited from providing a health service, as defined in section 4 of the Health Care Complaints Act 1993 for a period of five (5) years. 4 The Respondent shall pay the costs of the Applicant Health Care Complaints Commission as agreed or assessed. Catchwords: Chinese Medicine practitioner – unsatisfactory professional conduct – professional misconduct – protective orders – prohibition order - costs Legislation Cited: Health Care Complaints Act (1993) (NSW), s 4 Health Practitioner Regulation National Law (NSW), s 149C, Schedule 5D Cases Cited: Briginshaw v Briginshaw [1938] CLR 336 Health Care Complaints Commission v Kazeme [2020] NSWCATOD 25 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Livermore [2021] NSWCATOD 115 Director-General, Department of Aging, Disability and Home Care v Lambert [2009] NSWCA 102 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Philip James Baxter (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) GTC Lawyers (Respondent) File Number(s): 2022/00218738 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 NSW), the disclosure and/or publication of the name set out in the Schedule to the Complaint is prohibited.