Health Care Complaints Commission v Wood [2024] NSWCATOD 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wood [2024] NSWCATOD 203 Hearing dates: 9,10 and 11 October 2024 Date of orders: 18 December 2024 Decision date: 18 December 2024 Jurisdiction: Occupational Division Before: Hon G Watts ADCJ, Principal Member Dr M Cox, Senior Member Dr G Yeo, Senior Member M Christensen, General Member Decision: (1) The name and address of witnesses listed in the schedule to the application filed on the 16 May 2024 not be disclosed under clause 7 of Schedule 5D of the Health Practitioner Regulation National Law (NSW) ("the National Law"). (2) Pursuant to section 149C(4)(a) of the National Law, the Tribunal has decided, if Richard Grant Wood was still registered, the Tribunal would have cancelled his registration. (3) Pursuant to section 149C(4)(b) of the National Law Richard Grant Wood is disqualified from being registered in the medical profession for three (3) years from the date of this decision. (4) Pursuant to section 149C(4)(c) of the National Law the National Board is required to record the fact that if Richard Grant Wood was still registered the Tribunal would have cancelled his registration in the National Register kept by the Board. (5) Pursuant to section 149C(7) of the National Law any application for review of order 3 may not be made until three (3) years from the date of these orders. (6) Any application in respect of the cost of these proceedings is reserved on the following conditions: (a) The parties confer forthwith in relation to the question of costs and if they are able to reach an agreement they are to lodge a minute of order with a registry. (b) Failing agreement after a period of fourteen days, the applicant is to file written submissions within a further period of 14 days. (c) The respondent is to file any submissions in reply within a period of a further 14 days. (d) A decision as to costs will be determined on the papers Catchwords: Professional discipline-medical practitioner-where the practitioner has engaged in improper and unethical conduct relating to the practise of medicine - Where the practitioner has breached professional boundaries by engaging in a close personal and intimate relationship with two patients - Where the practitioner become one of those patients enduring guardian-Where the practitioner continuing to treat those patients whilst in those relationships - Where the practitioner both altered the patient's medical records and failed to records treatment that had been provided - Where the practitioner told the applicant he had provided it with all relevant medical records in his possession for the two patients when he knew that to be false - Where the practitioner is guilty of professional misconduct - Had the practitioner been currently registered the protective order made would have been the cancellation of the practitioner's registration for a period of three years Legislation Cited: Guardianship Act 1987 Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Limited v SafeWork NSW [2017] NSWCA 41 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complaints Commission v Do [2014] NSWCA 307 Healthcare Complaints Commission v Wilcox [2020] NSWCATOD 10 Lee v HCCC [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Richard Grant Wood (Repsondent) Representation: Counsel: Mr Chatterjee (Applicant) Ms P Dwyer SC (Respondent)