Health Care Complaints Commission v Taylor [2023] NSWCATOD 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Taylor [2023] NSWCATOD 189 Hearing dates: 23 November 2023 Date of orders: 20 December 2023 Decision date: 20 December 2023 Jurisdiction: Occupational Division Before: The Hon Ainslie-Wallace ADCJ, Principal Member Dr S Patel, Senior Member Dr P Young, Senior Member J Barker, General Member Decision: 1. Pursuant to s 149C(1)(c) of the Health Practitioner Regulation National Law (NSW) the Respondent's registration is cancelled. 2. Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), an application for review of Order (1) under Division 8 of the Health Practitioner Regulation National Law (NSW) may not be made until the expiry of a period of two years from the date of this decision. 3. Pursuant to 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 – Medical Practitioners – Misconduct and discipline – Unsatisfactory Professional Conduct – Professional misconduct - improper and unethical conduct – impairment – Not competent Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 Cases Cited: Kirby v Dental Council of NSW [2020] NSWCA 91 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Sare [2018] NSWCATOD 190 R v Byrnes [1995] HCA 1 Health Care Complaints Commission v Johnson [2023] NSWCATOD 165 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Chen v Health Care Complaints Commission [2017] NSWCA 186 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Health Care Complaints Commission v Do [2014] NSWCA 307 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 Health Care Complaints Commission v Philipia [2013] NSWCA 342 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Kim Therese Taylor (Respondent) Representation: Counsel: I Chatterjee (Applicant) I Fraser (Respondent)