Health Care Complaints Commission v Bello [2024] NSWCATOD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bello [2024] NSWCATOD 147 Hearing dates: 19 - 20 August 2024 Date of orders: 17 September 2024 Decision date: 17 September 2024 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member Dr Holdgate, Senior Member Dr Aitken, Senior Member D Telford, General Member Decision: (1) Pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW), Dr Bello's registration as a medical practitioner is cancelled. (2) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), Dr Bello may not apply for a review of Order 1 for a period of eighteen months from the date of this decision. (3) Dr Bello to pay the costs of the Health Care Complaints Commission for the whole of the proceedings. Catchwords: OCCUPATIONS — medical practitioners — criminal charges — criminal conviction — unsatisfactory professional conduct — professional misconduct — protective orders Legislation Cited: Crimes (Sentencing Procedure) Act 1999 NSW s10(1)(a) Crimes Act 1900 (NSW) s 61KC Drug Misuse and Trafficking Act 1985 s 10(1) Health Practitioner Regulation National Law (NSW) s3A, 3B, 130, 139C, 139E, 144, 149C Cases Cited: Chen v Health Care Complaints Commission (2017) 95 NSWLR 334 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 Health Care Complaints Commission v Daniel [2022] NSWCATOD 104 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Luque [2019] NSWCATOD 129 NSW Bar Association v Meakes [2006] NSWCA 340 Parker v Comptroller of Customs ([2009] HCA 7 R v Byrnes (1995) 183 CLR 501 Texts Cited: "Guidelines: Sexual Boundaries in the doctor-patient relationship" Medical Board of Australia 12 December 2018 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Leoncio Antonio Bello (Respondent) Representation: Counsel: A Petrie (Applicant) D Petrushnko (Respondent)