Health Care Complaints Commission v Vorillas (No 2) [2024] NSWCATOD 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Vorillas (No 2) [2024] NSWCATOD 126 Hearing dates: 6 June 2024 Date of orders: 16 August 2024 Decision date: 16 August 2024 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Dr D Kostur, Senior Member Dr A Downie, Senior Member A Gray, General Member Decision: (1) The registration of the respondent is suspended for a period of 6 months. (2) the respondent is to satisfactorily complete within 6 months of the publication of these reasons education approved by the Chiropractic Council of NSW and that has the following characteristics: (a) type of institution: tertiary, failing that, vocational; (b) content or learning objectives: Clinical Boundaries and Ethics; (c) course duration: not less than 25 hours. (3) Within 2 months of publication of these reasons the respondent must provide evidence to the Chiropractic Council of NSW of enrolment in an approved course. (4) Within 2 weeks of completing the approved course, the respondent is to provide documentary evidence of satisfactory completion to the Chiropractic Council of NSW. (5) The respondent bears responsibility for any costs incurred in meeting these conditions. (6) The Chiropractic Council of NSW is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW). (7) Sections 125 to 127 of the Health Practitioner Regulation National Law (NSW) are to apply whilst the respondent's principal place of practice is anywhere in Australia other than in New South Wales, so that a review of these conditions can be conducted by the Chiropractic Board of Australia. (8) Within 14 days of the publication of these reasons, the applicant is to file and serve submissions in relation to costs. Catchwords: PROFESSIONS AND TRADES – chiropractor – unsatisfactory professional conduct - professional misconduct – protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 3A, 3B, 139B(1), 149A, 149C Cases Cited: Clyne v NSW Bar Association [1960] HCA 40; (1980) 104 CLR 186 Council of the New South Wales Bar Association v EFA (a pseudonym) (2021) 106 NSWLR 383; [2021] NSWCA 339 Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Gupta [2022] NSWCATOD 141 Health Care Complaints Commission v Jane Waddell (No 2) [2013] NSWNMT 2 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield [1997] NSWSC 296; (1997) 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Robinson (No 3) [2023] NSWCATOD 34 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 18 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Singh v Medical Council of NSW (No 2) [2015] NSWGATOD 28 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Christos Vorillas (Respondent) Representation: Counsel: P Lowson (Applicant) N Roucek (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Meridian Lawyers (Respondent) File Number(s): 2022/00088322 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting disclosure to any person or entity of the names of the persons set out in the schedule to the complaint