Health Care Complaints Commission v Pincock [2024] NSWCATOD 202

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Pincock [2024] NSWCATOD 202 Hearing dates: 20 September 2024 Date of orders: 28 November 2024 Decision date: 19 December 2024 Jurisdiction: Occupational Division Before: ADCJ Hennessy, Deputy President Dr J Livesey, Senior Member D Telford, General Member Decision: (1) Under cl 7(b)(iv), Sch 5D to the National Law, the following evidence is not to be published: 1. Paragraphs 25, 66, 67, 68, 69, 70, 71, 72, 73, of Dr Pincock's statement dated 10 September 2024; 2. Paragraphs 14 - 17 of Dr Pincock's statement dated 19 September 2024; 3. Paragraph 6 of Dr Florida's report dated 16 September 2024 commencing from the words "The next major stress . . . " to the end of that paragraph. 4. Paragraph 8 of Dr Florida's report dated 16 September 2024 commencing from the words "Dr Pincock describes . . ." to the end of that paragraph. 5. Paragraph 9 of Dr Florida's report dated 16 September 2024 commencing from the words "and the birth . . ." to "intensified in 2015". 6. Paragraph 10 of Dr Florida's report dated 16 September 2024 commencing from the words "However, the combination . . ." to ". . .in relation to the children". 7. The content of a letter from Dr Pincock's former wife to the Tribunal dated 12 September 2024. 8. The matters identified in order 1 may be disclosed to: (i) the parties' legal representatives; (ii) the Tribunal; (iii) the Medical Council of New South Wales; and (iv) the Australian Health Practitioner Regulatory Agency (Ahpra). (2) Under cl 7(b)(iv), Sch 5D to the National Law, the following evidence is not to be published: 1. NOT FOR PUBLICATION 2. The following parts of Dr Florida's report of 16 September 2024: paragraph 3, paragraph 6 (from the beginning of that paragraph to the words "as a Medical Doctor"), paragraph 7 (apart from 7(ii) and (iii)), paragraph 8 (beginning with the words "Given Dr Pincock's . . . " and ending with the words "point in time"; paragraph 9, paragraph 10 and paragraph 16. 3. The matters identified in orders 1 and 2 may be disclosed to: (i) the parties' legal representatives (ii) the Tribunal; (iii) the Medical Council of New South Wales; and (iv) the Australian Health Practitioner Regulatory Agency (Ahpra) (3) Under s 149C(4) if the respondent were still registered, the Tribunal would have cancelled his registration and disqualified him from being registered as a medical practitioner for 18 months from the date of this decision. (4) The Medical Board of Australia is to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board. (5) The respondent is to pay the applicant's costs as agreed or assessed. Catchwords: OCCUPATIONS – Health practitioners – misconduct and discipline – finding of professional misconduct – appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law NSW Civil and Administrative Tribunal Act 2013 (NSW) Chiropractors and Osteopaths Act 1991 (NSW) (repealed) Cases Cited: Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46; [2015] HCA 5 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Health Care Complaints Commission v Nguyen [2022] NSWCATOD 21 Health Care Complaints Commission v Pincock [2024] NSWCATOD 89 Health Care Complaints Commission v Quan [2019] NSWCATOD 160 Health Care Complaints Commission v Reid [2019] NSWCATOD 31 Lee v Health Care Complaints Commission [2012] NSWCA 80 Puri v Medical Council of New South Wales [2024] NSWCATOD 87 Rinehart v Welker [2011] NSWCA 403 Shi v Migration Agents Registration Authority [2008] HCA 31 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 HCCC v Dinakar [2009] NSWMT 8 HCCC v Dr Mazzaferro [2011] NSWMT 9 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 State of NSW v Stanley [2007] NSWCA 330 Arain v Nguyen [2001] NSWCA 5 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Moseley v AB (No 2) [2017] NSWSC 1812 Health Care Complaints Commission v Haasbroek (No 2) [2018] NSWCATOD 198 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Tobias Pincock (Respondent) Representation: Counsel: K Sharma (Applicant) S Gaussen (Respondent)