Health Care Complaints Commission v FSF [2024] NSWCATOD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v FSF [2024] NSWCATOD 32 Hearing dates: 6 – 9 February 2023 Written Submissions completed 19 October 2023 Date of orders: 08 April 2024 Decision date: 08 April 2024 Jurisdiction: Occupational Division Before: The Hon A Ainslie-Wallace ADCJ, Principal Member Prof A Demirkol, Senior Member Dr E O'Brien, Senior Member S Lovrovich, General Member Decision: (1) Pursuant to the Health Practitioner Regulation National Law (NSW) Schedule 5D clause 7(1)(b)(iii) the disclosure of the name of the Respondent and any other identifying information as provided in clause 7(4) be restricted to the parties and their representatives, and to any other persons or bodies where disclosure is necessary for the effective implementation and administration of the orders made in the proceedings. (2) Pursuant to s 149C(4)(a) of the National Law that if the practitioner were still registered the Tribunal would have cancelled her registration pursuant to section 149C(1)(b) of the National Law. (3) Pursuant to section 149C(4)(b) of the National Law the practitioner is disqualified from being registered in the medical profession for two years from the date of these orders. (4) Pursuant to s 149C(4)(c) of the National Law that the National Board is required to record the fact that if the practitioner were still registered, the Tribunal would have cancelled her registration in the National Register kept by the Board. (5) The practitioner pay the Commission's costs as agreed or assessed. Catchwords: Medical Practitioner — psychiatrist — professional misconduct — sexual relationship with a patient — failure to maintain appropriate professional boundaries — practitioner no longer registered — if Practitioner were registered Tribunal would have cancelled her registration for 2 years — impairment Legislation Cited: Health Practitioner Regulation National Law (NSW) s 5, s 139B(1)(a), s 139B(1)(l), s 139E, s 144(d), s 150 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Sare [2018] NSWCATOD 190 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) FSF (Respondent) Representation: Counsel: A Bhasin (Applicant) Dr P Dwyer SC (Respondent)