Health Care Complaints Commission v GGO [2024] NSWCATOD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v GGO [2024] NSWCATOD 50 Hearing dates: 11 April 2024 Date of orders: 19 April 2024 Decision date: 19 April 2024 Jurisdiction: Occupational Division Before: G Blake AM SC, Senior Member L McDermott, Senior Member L Shabella, Senior Member R Leontini, General Member Decision: (1) The respondent's registration is cancelled. (2) The respondent may not apply for review of order (1) above for one year from the date of this decision. (3) There is no order as to the costs of the proceedings. (4) The disclosure of the names of the following persons, together with any information or material which could identify these persons, whether by itself or with other information and material, is prohibited: (a) the victim of the offence under s 61KC(a) of the Crimes Act 1900 (NSW) of which the respondent was convicted on 26 November 2021; (b) the respondent's ex-wife; (c) the respondent's three children. (5) For the purposes of these proceedings, the name of the respondent is anonymised as GGO. (6) Subject to order (8), the disclosure of the name of the respondent, together with any information or material which could identify the respondent, whether by itself or with other information and material, is prohibited. (7) Subject to order (8), access to and disclosure of documents and evidence filed with the Tribunal in these proceedings is restricted to the parties and their legal representatives. (8) Orders (6) and (7) do not preclude the applicant or any of its officers or employees from disclosing: (a) the respondent's name; (b) the decisions, reasons for decision and orders of the Tribunal in these proceedings; (c) documents and evidence filed with the Tribunal in these proceedings; and (d) information about the proceedings, decisions, documents and evidence referred to in (b) and (c) above to any of the entities in the Schedule in connection with the applicant's exercise of its functions under the Health Practitioner Regulation National Law (NSW) (as amended or substituted from time to time) and all regulations and rules made under or in connection with those Acts (as amended or substituted). Schedule 1. The Australian Health Practitioner Regulation Agency. 2. The Paramedicine Council of New South Wales. 3. The Paramedicine Board of Australia. Catchwords: HEALTH — professional registration and discipline — paramedic — convictions for offences — failure to notify the Paramedicine Board of Australia of prescribed matters — whether constitutes unsatisfactory professional conduct — what protective orders should be made Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Civil and Administrative Tribunal Act 2013 (NSW), s 64 Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 14 Crimes (Sentencing Procedure) Act 1999 (NSW), s 8 Crimes Act 1900 (NSW), ss 61I, 61KC, 578A Health Practitioner Regulation National Law (NSW), ss 3, 3A, 4, 5, 77, 130, 139B, 144, 149, 149C, 165H, 165M, Sch 5, cl 2 Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karunaratne (No 2) [2018] NSWCATOD 201 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v Schmaman [2019] NSWCATOD 82 Health Care Complaints Commission v Wood [2020] NSWCATOD 60 Health Care Complaints Commission v ZXY [2021] NSWCATOD 136 Lee v Health Care Complaints Commission [2012] NSWCA 80 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) GGO (Respondent) Representation: Counsel: A Petrie (Applicant)