Health Care Complaints Commission v Labana [2024] NSWCATOD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Labana [2024] NSWCATOD 52 Hearing dates: 3 April 2024 Date of orders: 24 April 2024 Decision date: 24 April 2024 Jurisdiction: Occupational Division Before: The Hon G Watts ADCJ, Principal Member Dr S McCarthy AO, Senior Member Dr G Smith, Senior Member D Telford, General Member Decision: (1) Pursuant to s 149C(1)(b) the Respondent's registration is cancelled, with a non-review period of two (2) years. (2) The Respondent pay the Applicant's costs as agreed or assessed under clause 13 of Schedule 5D of the National Law. Catchwords: HEALTH — professional registration and discipline — practitioner — convictions for offences — failure to notify Australian Health Practitioner Regulation Agency of prescribed matters — failure to submit to random urine drug testings in accordance with conditions on registration — whether constitutes professional misconduct — what protective orders should be made — whether practitioner's mental health state determinable — costs Legislation Cited: Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Litchfield [1997] NSWSC 29 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: None Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Paul Labana (Respondent) Representation: Counsel: A Chhabra (Applicant)