Health Care Complaints Commission v Catt [2024] NSWCATOD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Catt [2024] NSWCATOD 11 Hearing dates: 14 - 15 June 2023, 23 - 25 October 2023 Date of orders: 20 December 2023 Decision date: 22 January 2024 Jurisdiction: Occupational Division Before: The Hon Le Poer Trench ADCJ, Principal Member B Sheridan, Senior Member Dr A White, Senior Member M Maher, General Member Decision: 1. As and from the 22nd January 2024, the practitioner's registration as a psychologist is suspended for a period of 12 months. 2. Upon the completion of the period of suspension, the Respondent's registration is to be subject to the following conditions: 1) To practise under Category C Supervision in accordance with the Psychology Council of NSW's Compliance Policy – Supervision (as varied from time to time) and as subsequently determined by the appropriate review body. a) The supervision sessions must be: i) a minimum of one hour in length. ii) the supervision sessions must be face to face iii) the supervision sessions must be conducted on a fortnightly basis iv) supervisor reports must be completed and submitted to the Council three monthly. b) to authorise the Psychology Council of NSW to provide proposed and approved Supervisors with a copy of this decision and any subsequent relevant reports or decisions. c) Not to practise until a supervisor has been approved by the Psychology Council of NSW. 2) At each supervision meeting, the supervisor is to review and discuss practitioner's practice and address any relevant work-related or professional matters with particular focus on: a) Knowledge of the Psychology Board's Code of Ethics and the Australian Psychological Society's ethical guidelines b) Ethical and boundary considerations c) Privacy and Confidentiality d) Record-keeping e) Treatment plans f) Practice management. 3) To practice only in a group practice approved by the Psychology Council of NSW where there is at least one other person physically present in the practice at all times. 4) To advise the Psychology Council of NSW in writing at least seven days prior to changing the nature or place of her practice. 5) To provide evidence to the Psychology Council of NSW within fourteen days of recommencing practice, that she has provided a copy of the conditions and Tribunal's decision to all persons employed at the practice, and any place that she works as a psychologist. 6) The respondent is to satisfactorily complete an ethics course focusing on ethical obligations, which is approved by the Psychology Council of New South Wales, within six (6) months of re-commencing work as a psychologist in Australia or as otherwise specified by the Council. a) Within two (2) weeks of being notified that the course is approved, the practitioner must provide evidence to the Council of enrolment in the specified or approved course. b) Within four (4) weeks of completing the specified or approved course, the practitioner is to provide documentary evidence of satisfactory completion to the Council. 7) The Psychology Council is the appropriate review body for the purposes of Division 8 of the Health Practitioner Regulation National Law (NSW). 8) Sections 125 to 127 of the Health Practitioner Regulation National Law 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 Psychology Board of Australia. 3. The practitioner is to provide her submission, to the Tribunal and to the HCCC in relation to the application of the HCCC that the Respondent pay its' costs of the proceeding, within 14 days of the date of publication of this judgment. The HCCC is to provide the Tribunal and the Respondent with its' reply to that submission with 14 days of receipt of the Respondents submission. Catchwords: OCCUPATIONS – psychology practitioners – misconduct and discipline – Finding of unsatisfactory professional conduct and professional misconduct – appropriate protective orders – registration suspended – practice conditions imposed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 64, 49, 3(f) Health Care Complaints Act 1993, 39(2), 90B(3) Health Practitioner Regulation National Law (NSW), ss 3A, 3B, 139B, 139E, 145A,149C,149C(5), 150, 165, Clause 7(1)(b)(iii) of Schedule 5D Cases Cited: Cakan v Health Care Complaints Commission Complaints Commission [2020] NSWCATOD 116 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission Complaints Commission v Jason Vuong [2022] NSWCATOD 83 Health Care Complaints Commission v CSM [2016] NSWCATOD 125 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr CRF [2016] NSWCATOD 120 Health Care Complaints Commission v Firth (No 2) [2015] NSWCATOD 84 Health Care Complaints Commission v FTR [2023] NSWCATOD 46 Health Care Complaints Commission v Jamnagarwalla (No 2) [2023] NSWCATOD 1 Health Care Complaints Commission v Ledner [2017] NSWCATOD 90 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172. Health Care Complaints Commission v Vo [2014] NSWCATOD 127 John Fairfax Group Pty Ltd (receivers and managers appointed) & Anor v Local Court of New South Wales & Ors (1991-1992) 26 NSWLR 131 Medical Board of Australia and Stephens [2018] WASAT 13 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Julie Ann Catt (Respondent) Representation: Counsel: S Maybury (Applicant) M Hall (Respondent)