Health Care Complaints Commission v Lam [2024] NSWCATOD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Lam [2024] NSWCATOD 9 Hearing dates: 30 October 2023 Date of orders: 23 January 2024 Decision date: 23 January 2024 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member S Mackie, Senior Member Dr A Gupta, Senior Member Dr R Leontini, General Member Decision: 1. The respondent is reprimanded. 2. The following conditions are imposed upon the respondent's registration: (1) The respondent ("the practitioner") is to obtain Physiotherapy Council of NSW approval prior to changing the nature or place of his practice. (2) The practitioner is to complete and forward to the Physiotherapy Council of NSW a patient log within seven days of the end of each calendar month listing all patients who the practitioner has attended as an off-site visit or as a telehealth consult during the previous calendar month. An off-site visit may include gyms, care homes, residential premises, or similar places. The Patient log must include: a. The date and time of each consultation; b. The name of each patient; c. The nature of the procedure; and d. The place of the procedure. (3) Within 7 days of the end of each calendar month, the practitioner is to provide the Physiotherapy Council of NSW with a consent form (in a format approved by the Council) for all patients seen by the practitioner off-site or by telehealth in the previous calendar month. An off-site visit may include gyms, care homes, residential premises, or similar places. The consent form must be contemporaneously signed by the patient and the practitioner and include the following: a. The date and time of each off-site visit; b. The patient's name; c. The nature of the procedure; and d. The place of the procedure. (4) The practitioner attend for treatment by a registered psychologist of his choice until 31 July 2026. The practitioner: a. must attend on an at least once fortnightly basis for a minimum of 6 months, thereafter a once monthly basis for a minimum of a further 12 months, with the frequency and duration of treatment thereafter to be determined by the treating practitioner; b. must seek treatment for the practitioner's underlying personality vulnerabilities as identified in Dr Anthony Samuels' report dated 3 August 2023; c. must authorise the treating practitioner to provide progress reports to the Physiotherapy Council of NSW every 6 months; d. must authorise the treating practitioner to inform the Physiotherapy Council of NSW of any of the following: i. failure to attend for treatment; ii. termination of treatment; or iii. a significant change in health status (including a significant temporary change). e. must provide the Physiotherapy Council with the professional details of the treating practitioner. f. must authorise the Physiotherapy Council of NSW to forward a copy of this decision and any other decision or report as determined by the Council to the treating practitioner. (5) The practitioner must be mentored by a mentor of his choice, on a monthly basis for a minimum of 12 months. The practitioner: a. must authorise the mentor to inform the Physiotherapy Council of NSW of any of the following: i. failure to attend for mentoring; or ii. termination of mentoring. b. must provide the Physiotherapy Council with the professional details of the mentor. c. must authorise the Physiotherapy Council of NSW to forward a copy of this decision and any other decision or report as determined by the Council to the mentor. (6) The Physiotherapy Council of New South Wales is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW). 3. The respondent is to pay the applicant's costs, as agreed or assessed. Catchwords: TRADES AND PROFESSIONS – health practitioner – physiotherapist – whether practitioner engaged in unsatisfactory professional conduct – whether practitioner engaged in professional misconduct – appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Care Complaints Act 1993 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Director-General, Dept of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523 Health Care Complaints Commission v Daniel [2022] NSWCATOD 104 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Vaughn [2022] NSWCATOD 82 Law Society of New South Wales v Youssef [2018] NSWCATOD 187 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Chun Wang Lam (Respondent) Representation: Counsel: JD Brook (Applicant) I Chatterjee (Respondent)