Health Care Complaints Commission v Le [2024] NSWCATOD 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Le [2024] NSWCATOD 171 Hearing dates: 27, 28 and 29 August 2024 Date of orders: 29 October 2024 Decision date: 29 October 2024 Jurisdiction: Occupational Division Before: The Hon ADCJ A Ainslie-Wallace, Principal Member Dr M Walker, Senior Member Dr L Taoube, Senior Member D Telford, General Member Decision: (1) Pursuant to s139E of the Health Practitioner Regulation National Law (NSW), the practitioner is guilty of professional misconduct. (2) The proceedings are listed for hearing on 25 February 2026 to determine the orders which are necessary to protect the health and safety of the public. Catchwords: HEALTH - Medical Practitioner – professional misconduct - unsatisfactory professional conduct Legislation Cited: Evidence Act (1995) NSW Health Practitioner Regulation National Law Therapeutic Goods Act Therapeutic Goods Regulations 1990 (Cth), Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Health Care Complaints Commission v Sare [2018] NSWCATOD 190 Office of Local Government v Toma [2015] NSWCATOD 21 Chen v Health Care Complaints Commission [2017] NSWCA 186 Texts Cited: Good Medical Practice: A Code of Conduct for Doctors in Australia Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Tuan-Anh Le (Respondent) Representation: Counsel: D New (Applicant) A J Bowen (Respondent)