Health Care Complaints Commission v Benness [2024] NSWCATOD 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Benness [2024] NSWCATOD 27 Hearing dates: 25 – 27, 29 September 2023 Written submissions completed 17 November 2023 Date of orders: 15 March 2024 Decision date: 15 March 2024 Jurisdiction: Occupational Division Before: The Hon A Ainslie-Wallace ADCJ, Principal Member Dr J King, Senior Member Dr A Morris, Senior Member M Christensen, General Member Decision: 1. Pursuant to s 139B(1)(a) of the Health Practitioner Regulation National Law (NSW), the Practitioner, Dr Christopher Benness, is guilty of unsatisfactory professional conduct. 2. The proceedings are to be listed for hearing to determine the orders which are necessary to protect the health and safety of the public. The parties are to prepare and deliver to the Registrar within 7 days of these orders an agreed minute of proposed directions for the completion of the matter, following which a further date for hearing will be allocated. Catchwords: HEALTH — medical practitioner — unsatisfactory professional conduct Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 139B, 139E, 150 Evidence Act 1995 (NSW), s 128 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Gautam v Health Care Complaints Commission [2021] NSWCA 85) Health Care Complaints Commission v Sare [2018] NSWCATOD 190 Office of Local Government v Toma [2015] NSWCATOD 21 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaint Commission (Applicant) Christopher Benness (Respondent) Representation: Counsel: A Petrie (Applicant) M Hamdan (Respondent)