Health Care Complaints Commission v Kemp [2024] NSWCATOD 190

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kemp [2024] NSWCATOD 190 Hearing dates: 03 October 2023 Date of orders: 27 November 2024 Decision date: 27 November 2024 Jurisdiction: Occupational Division Before: R Lethbridge SC, Senior Member M Smith, Senior Member L Shabella, Senior Member J Sillince, General Member Decision: (1) That pursuant to s 149C(1)(c), the Respondent's registration be cancelled and that cancellation not be reviewed for a period of five (5) years. (2) That pursuant to s 149C(5), the Respondent be prohibited from providing a health service (as defined in s.4 of the Health Care Complaints Act 1993 (NSW) until he obtains re-registration. (3) An order pursuant to s64 of the Civil and Administrative Tribunal Act 2013 (NSW) that the name and address of the persons listed in the Schedule to the Health Care Complaints Commission Amended Complaint filed 20 November 2023 not be disclosed. (4) An order that the Respondent pay the Health Care Complaints Commission's costs as agreed or assessed. Catchwords: Paramedic – conviction – possessing, disseminating child abuse material and intentionally distributing intimate images without consent; registration cancelled for 5 years; prohibition from providing health services for the same period. Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 366. Clyne v NSW Bar Association (1960) 104 CLR 186. Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53. Health Care Complaints Commission v Haasbreok [2018] NSWCATOD 177. Health Care Complaints Commission v Muthunesan [2021] NSWCATOD 178. Health Care Complaints Commission v Pilkington [2020] NSWCATOD 21. Health Care Complaints Commission v Russ [2021] NSWCATOD 5. Health Care Complaints Commission v Segal [2022] NSWCATOD 71. Lee v Health Care Complaints Commission [2012] NSWCA 80. Windsor v Health Care Complaints Commission [2020] NSWCA 110. Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Warren John Kemp (Respondent) Representation: No Appearance (Respondent)