Health Care Complaints Commission v Williams [2024] NSWCATOD 153

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Williams [2024] NSWCATOD 153 Hearing dates: 1 May 2024, Closing submissions 15 May 2024 Date of orders: 20 September 2024 Decision date: 20 September 2024 Jurisdiction: Occupational Division Before: E Bishop SC, Senior Member N Francis, Senior Member D Wilson, Senior Member J Kearney, General Member Decision: (1) If Ms Williams had been registered as at the date of these orders the Tribunal would have made an order cancelling her registration pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law ("the National Law"). (2) Pursuant to s 149C(4)(b) of the National Law Ms Williams is disqualified from being registered for 12 months from the date of these orders. (3) The Registrar is to notify the National Board that pursuant to s 149C(4)(c) it is to record on the National Register kept by the Board the fact the Tribunal would have cancelled Ms Williams's registration if she had been registered. (4) Ms Williams is to pay the applicant's costs under cl 13 of Sch 5D of the National Law as agreed or assessed. Catchwords: HEALTH — professional registration and discipline — occupational therapist — unethical and improper conduct — inappropriate professional boundaries — inappropriate personal relationships with patient — whether unsatisfactory professional conduct — whether professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 60 Health Practitioner Regulation National Law, ss 139B, 139E, 149, 149C, cl 13(4) of Sch 5D Cases Cited: Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Knowles [2020] NSWCATOD 80 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Little [2016] NSWCATOD 146 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Health Care Complaints Commission v Sare [2018] NSWCATOD 190 Lee v Health Care Complaints Commission [2012] NSWCA 80 Office of Local Government v Toma [2016] NSWCATOD 21 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Tsolis v Health Care Complaints Commission [2023] NSWSC 1599 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Amanda Williams (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Finn Roache Lawyers (Respondent) File Number(s): 2023/00285521 Publication restriction: Publication of the names of the persons listed in Schedule A to the Complaint is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).