Health Care Complaints Commission v Davies [2024] NSWCATOD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Davies [2024] NSWCATOD 109 Hearing dates: 22 – 23 February 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Occupational Division Before: A Britton, Deputy President M Smith, Senior Member I Mosher, Senior Member B Seth, General Member Decision: (1) Mr Davies is guilty of professional misconduct. (2) Mr Davies' registration as a paramedic is cancelled under s 149C(1)(b) of the Health Practitioner Regulation Law (NSW). (3) Mr Davies is to pay the Health Care Complaints Commission's costs of these proceedings as agreed or as assessed under the Legal Profession Uniform Law Application Act 2013 (NSW). (4) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the names of Person A and Person B is prohibited. Catchwords: HEALTH PRACTITONER — practitioner admits to unsatisfactory professional conduct under ss 139(1)(l), 109(1)(c) and 130 of the Health Practitioner Regulation National Law (NSW) and professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW) HEALTH PRACTITONER — appropriate form of disciplinary orders under Subdiv 6, Div 3 of Pt 8 of the National Law (NSW) Legislation Cited: Crimes Act 1900 (NSW), s 61KC(a) Health Practitioner Regulation National Law (NSW), ss 109(1)(c), 130, 139B(1), 139B(1)(b), 139B(1)(l), 139E, 149A, 149C(1), 150; Subdiv 6, Div 3 of Pt 8 Legal Profession Uniform Law Application Act 2013 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Nominal Defendant v Smith [2015] NSWCA 339 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Ziems v Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279; [1957] HCA 46 Texts Cited: Macquarie Dictionary, online ed, accessed 1 July 2024 P McClellan, "Who Is Telling the Truth? Psychology, Common Sense and the Law" (2006) 80 ALJ 655 Paramedicine Board of Australia Code of Conduct, June 2018 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Craig Davies (Respondent) Representation: Counsel: S Maybury (Applicant)