Health Care Complaints Commission v Chin [2024] NSWCATOD 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chin [2024] NSWCATOD 176 Hearing dates: 20 June 2024 Date of orders: 01 November 2024 Decision date: 01 November 2024 Jurisdiction: Occupational Division Before: The Hon ADCJ A Ainslie-Wallace, Principal Member Dr M Walker, Senior Member Dr J Fogarty, Senior Member M Christenson, General Member Decision: (1) Pursuant to s 149C(1)(b) of the National Law the Respondent's registration is cancelled from the date of these orders and he may not apply for a review of that order for 10 years. (2) Pursuant to s 149C(5)(a) order that the Respondent be prohibited from providing a health service, as defined in s 4 of the Health Care Complaints Act 1993, for a period of 10 years. (3) An order that the Respondent pay the Commission's costs as agreed or assessed under clause 13 of Schedule 5D of the National Law. Catchwords: HEALTH – medical practitioner – misconduct and discipline – unsatisfactory professional conduct – professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 Evidence Act (1995) NSW Poisons and Therapeutic Goods Act Health Practitioner Regulation (NSW) Regulation 2016 Medical Board of Australia, good Medical Practice; A Code for Doctors in Australia (March 2014) Health Practitioner Regulation (New South Wales) Regulation 2010 (repealed) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66 Bronze Wing International Pty Ltd v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 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014) NSWCA 307 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 Oshlack v Richmond River Council [1998] HCA 11 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Thean Soo Chin (Respondent) Representation: Counsel: S Maybury (Applicant) T Woods (Respondent)