Health Care Complaints Commission v Cantali [2024] NSWCATOD 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Cantali [2024] NSWCATOD 124 Hearing dates: 9 July 2024 Date of orders: 14 August 2024 Decision date: 14 August 2024 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member M Stojanovska, Senior Member J Szyndler, Senior Member B Seth, General Member Decision: (1) The Respondent is guilty of unsatisfactory professional conduct. (2) The Respondent is guilty of professional misconduct. (3) Pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW) the Respondent's registration is cancelled with a non-review period of 12 months. (4) The Respondent is to pay the costs of the Commission pursuant to clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), as agreed or assessed. Catchwords: OCCUPATIONS – psychology – misconduct and discipline – academic cheating – non-compliance with role of Supervisor of interns – improper and unethical conduct – unsatisfactory professional conduct – professional misconduct – cancellation of registration Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 3B, 139B, 139E, 149, 149C, 150, 150D, cl 13 of Sch 5D Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Council of the New South Wales Bar Association v EFA (a pseudonym) [2021] NSWCA 339; 106 NSWLR 383 Health Care Complaints Commission v Aref (2018) NSWCATOD 133 Health Care Complaints Commission v Bradley [2022] NSWCATOD 47 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Duggan [2015] NSWCATOD 142 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Litchfield [1997] NSWSC 207; (1997) 41 NSWLR 630 Health Care Complaints Commission v Muthukrishna [2024] NSWCATOD 105 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Health Care Complaints Commission v Saab (No 2) [2020] NSWCATOD 64 Health Care Complaints Commission v Tran [2021] NSWCATOD 82 R v Byrnes [1995] HCA 1; 183 CLR 501 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Texts Cited: None Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Rosaria Cantali (Respondent) Representation: Counsel: S Stanton (Respondent)