Health Care Complaints Commission v GKW [2024] NSWCATOD 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v GKW [2024] NSWCATOD 113 Hearing dates: 28 June 2024 Date of orders: 31 July 2024 Decision date: 31 July 2024 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member N Sharma, Senior Member D Walker, Senior Member A Gray, General Member Decision: (1) Under s 149C(1)(a) of the Health Practitioner Regulation National Law (NSW), GKW's registration is cancelled. (2) Under s 149C(7) of the Health Practitioner Regulation National Law (NSW), an application for review may not be made for a period of 18 months from the date of this decision. (3) If GKW is not registered then, in lieu of Order 1, under s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW), if GKW were still registered the Tribunal would have cancelled her registration. (4) If GKW is not registered then, in lieu of Order 2, under s 149C (4)(b) of the Health Practitioner Regulation National Law (NSW), GKW is disqualified from being registered for 18 months from the date of this decision. (5) If GKW is not registered then, under s 149C(4)(c) of the Health Practitioner Regulation National Law (NSW), the National Board is required to record the fact that if GKW were still registered, the Tribunal would have cancelled her registration in the National Register kept by the Board. (6) GKW is prohibited from providing any health service as defined in section 4 of the Health Care Complaints Act 1993 (NSW) until such time as she is a registered health practitioner under s 149C(5) of the Health Practitioner Regulation National Law (NSW). (7) GKW is to pay the costs of the Health Care Complaints Commission as agreed or assessed. Catchwords: HEALTH — professional registration and discipline — impairment — competence — costs Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW), ss 3(2)(a), 3B, 5, 139(a), 144(c), 144(d), 149A, 149B, 149C, 150, 165J(3), cl 7 of Sch 5D Civil and Administrative Tribunal Act 2013 (NSW), s 64 Cases Cited: Council of the Law Society of NSW v CZD [2017] NSWCATOD 31 GKN v Medical Council of NSW [2024] NSWCATOD 87 Grant v Health Care Complaints Commission [2003] NSWCA 73 Health Care Complaints Commission v FCE (No 2) [2021] NSWCATOD 203 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) GKW (Respondent) Representation: Counsel: G Marsden (Applicant)