Health Care Complaints Commission v Tan [2024] NSWCATOD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tan [2024] NSWCATOD 31 Hearing dates: 27 November 2023; 15 December 2023; 8 February 2024 Date of orders: 19 March 2024 Decision date: 19 March 2024 Jurisdiction: Occupational Division Before: The Hon G Watts, ADCJ, Principal Member Dr D King, Senior Member Dr K Keenan, Senior Member Ms J Houen, General Member Decision: 1. An order is made prohibiting the disclosure of the names of Person A and Person A's daughter under s 64 of the Civil and Administrative Tribunal Act 2013. 2. Pursuant to s 149C(4)(a) of the National Law, that if the Practitioner was still registered, the Tribunal would have cancelled his registration pursuant to s 149C(1)(b). 3. Pursuant to s 149C(4)(b) of the National Law, the Practitioner is disqualified from being registered in the health profession for a period of two (2) years from the date of this decision. 4. Pursuant to s 149C(4)(c) of the National Law, the National Board is required to record the fact that if the Practitioner were still registered, the Tribunal would have cancelled his registration in the National Register kept by the Board. 5. Pursuant to clause 13 of Schedule 5D of the National Law, the Practitioner is to pay the Commission's costs as agreed or assessed. Catchwords: OCCUPATIONS — medical practitioners — misconduct and discipline — unprofessional conduct — professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2016 Health Care Complaints Act 1993 (NSW) Cases Cited: Health Care Complaints Commission v Amal Akumar [2019] NSWCATOD 173 Health Care Complaints Commission v Blackstock [2020] NSWCATOD 110 Health Care Complaints Commission v Litchfield [1997] NSWSC 297 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Kin Vui Tan (Respondent) (No Appearance) Representation: Counsel: A Kelly (Applicant)