Health Care Complaints Commission v Liu [2024] NSWCATOD 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Liu [2024] NSWCATOD 149 Hearing dates: 29 - 30 July 2024 Date of orders: 17 September 2024 Decision date: 17 September 2024 Jurisdiction: Occupational Division Before: S Dunn, Senior Member J Lee, Senior Member E Pun, Senior Member A Gray, General Member Decision: (1) Pursuant to section 149C(4)(a) of the Health Practitioner Regulation National Law (National Law) the NSW Civil and Administrative Tribunal (Tribunal) decides that if the Respondent were still registered the Tribunal would have cancelled his registration. (2) Pursuant to section 149C(4)(b) of the National Law the Tribunal decides that the Respondent is disqualified from being registered in the profession of Chinese Medicine for a period of three years from the date of these orders. (3) Pursuant to section 149C(4)(c) of the National Law the National Board is required to record the fact that if the Respondent were still registered, the Tribunal would have cancelled his registration in the National Register kept by the Board. (4) Pursuant to section 149C(5) and (5A) of the National Law the Respondent is prohibited from providing any health service as defined in section 4 of the Health Care Complaints Act 1993 (NSW) for a period of three years from the date of these orders. (5) The Respondent is to provide to the Health Care Complaints Commission (HCCC) and the Tribunal written submissions as to costs including as to whether the question of costs may be adequately determined on the papers by 1 October 2024. (6) The HCCC is to provide to the Respondent and the Tribunal any submissions in reply including as to whether the question of costs may be adequately determined on the papers by 15 October 2024. Catchwords: HEALTH – professional registration and discipline – formerly registered Chinese Medicine practitioner – unsatisfactory professional conduct – improper or unethical conduct – professional misconduct – cancellation of registration Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Health Care Complaints Act 1993 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336, [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Gayed v Walton [1997] NSWCA 121 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Chen (No 2) [2021] NSWCATOD 174 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dobie (No 2) [2022] NSWCATOD 153 Health Care Complaints Commission v Kazeme [2020] NSWCATOD 25 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v McAlpine [2022] NSWCATOD 92 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323; [2007] NSWCA 326 Lee v Health Care Complaints Commission [2012] NSWCA 80 Liu v Chinese Medicine Council of NSW [2019] NSWCATOD 13 Liu v Chinese Medicine Council of NSW [2019] NSWCATOD 71 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Shuquan Liu (Respondent) Representation: Counsel: R Mathur SC and S McGee (Applicant)