Health Care Complaints Commission v Wong [2024] NSWCATOD 200

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wong [2024] NSWCATOD 200 Hearing dates: 12 and 13 August 2024 Date of orders: 23 December 2024 Decision date: 23 December 2024 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member J Sulentic, Senior Member S Mackie, Senior Member A Gray, General Member Decision: 1) Particulars (2), (3), (5), (6), (7), (8), (9) and (10) of Complaint One are established. 2) Complaint One is established, in that the respondent is guilty of unsatisfactory professional conduct under s 139B(1)(a) of the Health Practitioner Regulation National Law (NSW). 3) Particulars (1), (2) and (3) of Complaint Two are established. 4) Complaint Two is established, in that the respondent is guilty of unsatisfactory professional conduct under s 139B(1)(a) of the Health Practitioner Regulation National Law (NSW). 5) Particulars (1), (2) and (3) of Complaint Three are established. 6) Complaint Three is established, in that the respondent is guilty of unsatisfactory professional conduct under s 139B(1)(l) of the Health Practitioner Regulation National Law (NSW). 7) Complaint Four is established, in that the respondent is guilty of professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW). 8) The matter is to be listed for directions for a Stage Two hearing. Catchwords: OCCUPATIONS — physiotherapy — unsatisfactory professional conduct and professional misconduct — where physiotherapist provides cellulite reduction treatment to patient Legislation Cited: Health Care Complaints Act 1992 (NSW), s 4 Health Practitioner Regulation National Law (NSW), ss 5, 39,139B, 139E, 149C, 150, 150A Cases Cited: Armagas Ltd v Mundogas S.A. (The Ocean Frost) [1985] 1 Lloyd's Rep 1 Attia v Health Care Complaints Commission [2017] NSWSC 1066 Bathurst Regional Council v Local Government Financial Services Pty Ltd (No 5) [2012] FCA 1200 Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Briginshaw v Briginshaw (1938) 60 CLR 336, Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Camden v McKenzie [2007] QCA 136; [2008] 1 Qd R 39 Campbell v Campbell [2015] NSWSC 784 Chen v Health Care Complaints Commission [2017] NSWCA 186 Coote v Kelly [2013] NSWCA 357 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Gautum v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complains Commission v Daniel [2022] NSWCATOD 104 Health Care Complaints Commission v Akawee [2023] NSWCATOD 115 Health Care Complaints Commission v Aref [2018] NSWCATOD 133 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Konigson [2021] NSWCATOD 186 Health Care Complaints Commission v Le [2021] NSWCATOD 104 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Ng [2015] NSWCATOD 85 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Hughes v St Barbara Mines Ltd [No 4] [2010] WASC 160 Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 123 In the matter of Kit Digital Australia Pty Ltd (in liq) [2014] NSWSC 1547 Kirby v Dental Council of New South Wales [2017] NSWCATOD 64 Kirby v Dental Council of New South Wales [2018] NSWSC 1869 Kirby v Health Care Complaints Commission [2021] NSWCA 138 Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369 McGraddie v McGraddie [2013] UKSC 58; [2013] 1 WLR 2477 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 New South Wales v Hunt [2014] NSWCA 47 Onassis v Vergottis [1968] 2 Lloyd's Rep 403 R v Wong [2022] NSWDC 257 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Sundararaj v Minister for Immigration and Multicultural Affairs [1999] FCA 76 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Wah Fu (Ray) Wong (Respondent) Representation: Counsel: C Akthar (Applicant) D New (Respondent)