Health Care Complaints Commission v GJU [2024] NSWCATOD 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v GJU [2024] NSWCATOD 160 Hearing dates: 28 August 2024 Date of orders: 28 August 2024 Decision date: 01 October 2024 Jurisdiction: Occupational Division Before: R L Bailey, Senior Member S Kelly, Senior Member W Hughes, Senior Member M Ficarra, General Member Decision: (1) Pursuant to clause 7 of Schedule 5D of the Health Practitioner Regulation National Law (NSW) 2009, the name and address of the practitioner is not to be published. This does not prevent the applicant from communicating those details to the following authorities only: (a) AHPRA (b) The Paramedicine Council of NSW (c) NSW Ambulance (d) The Pharmaceutical Regulatory Unit (2) Pursuant to section 149C(4)(a) of the National Law, if the practitioner were still registered, the Tribunal would have cancelled his registration, pursuant to section 149C(1)(c) of the National Law, because the circumstances of the offences render the practitioner unfit in the public interest to practice paramedicine. (3) Pursuant to section 149C(4)(b) of the National Law, the practitioner is disqualified from being registered in the health profession for a period of four years from the date of this order; (4) Pursuant to section 149C(1)(c) of the National Law, the National Board is required to record the fact that if the practitioner were still registered, the Tribunal would have cancelled his registration, in the National Register kept by the Board; (5) Costs are to be awarded to the applicant, as agreed or assessed. Catchwords: Occupational Division – paramedicine – non-publication order – protective, not punitive - whether unfit in the public interests to practice – convicted of a criminal offence – no longer registered – suicidal ideation - the Tribunal would have cancelled the registration – disqualification four years – costs submissions sought Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Cases Cited: Health Care Complaints Commission v Astor-Finn [2016] NSWCATOD 7 at 32 GKN v Medical Council of NSW [2024] NSWCATOD 87 at [135] (Prakash v HCCC [2006] NSW CA 153 at [91] HCCC v Do [2014] NSW CA 307 at [35] HCCC v Litchfield [1997] NSW SC 297 (1997) 41 NSW LR 630 at 638 HCCC v Turner [2016] NSW CADOD 163 at [67] HCCC v FLJ [2023] NSW CATOD 7 at [93] HCCC v Philipiah [2013] NSWCA342 at [42]-[46] Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 at [40] Puriv v Medical Council of New South Wales (No 2) [2024) NSWCATOD 122 at [13] HCCC v Muthukrishna (No 2) [2024]NSWCATOD142 at [10] Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) GJU (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2024/00191581 Publication restriction: Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the name of person A is prohibited.