Health Care Complaints Commission v Pincock [2024] NSWCATOD 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Pincock [2024] NSWCATOD 89 Hearing dates: 4 – 7 March 2024 Date of orders: 02 July 2024 Decision date: 02 July 2024 Jurisdiction: Occupational Division Before: ADCJ Hennessy, Deputy President Dr L Cotterell, Senior Member Dr J Livesey, Senior Member D Telford, General Member Decision: (1) Complaint 1 is proven. (2) Complaint 2 is proven. (3) Complaint 3 is proven. (4) Complaint 4 is proven. (5) Complaint 5 is proven. (6) Complaint 6 is proven, in relation to Complaint One (apart from Complaint 1.1) and Complaint Two in combination. (7) The matter is listed for directions on 19 July 2024 to set down for hearing of the Stage Two proceedings. Catchwords: OCCUPATIONS — Heath practitioners — Misconduct and discipline — Disciplinary proceedings – unsatisfactory professional conduct – professional misconduct – not a suitable person to be registered – financial dealings with patients – power imbalance - Legislation Cited: Health Practitioner Regulation National Law NSW Cases Cited: Attia v Health Care Complaints Commission [2017] NSWSC 1066 Australian Leisure and Hospitality Group Pty Ltd v Director of Liquor Licensing [2012] WASC 463 Bellpac Pty Ltd (Receivers and Managers Appointed) (In Liquidation) (No 2) [2011] FCA 1123; (2011) 297 ALR 56 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care complaints Commission v Dr Gow [2008] NSWMT 2 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Watson v Foxman (1995) 49 NSWLR 315 Windsor v Health Care Complaints Commission [2020] NSWCA 110 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Texts Cited: Good Medical Practice: A code of Conduct for Doctors in Australia, March 2014, Medical Board of Australia Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Tobias Pincock (Respondent) Representation: Counsel: K Sharma (Applicant) S Gaussen (Respondent)