Health Care Complaints Commission v Tan [2024] NSWCATOD 207

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tan [2024] NSWCATOD 207 Hearing dates: 11 November 2024 Date of orders: 20 December 2024 Decision date: 20 December 2024 Jurisdiction: Occupational Division Before: The Hon G Watts, ADCJ, Principal Member Dr M Walker, Senior Member Dr G Yeo, Senior Member J Houen, General Member Decision: (1) Pursuant to section 149C(1)(b) of the Health Practitioner Regulation National Law (NSW) (National Law), Doctor Chin Ven Tan's registration is cancelled, with a non-review period of three years. (2) The Respondent is to pay the Applicant's costs as agreed or assessed under clause 13 of schedule 5D of the National Law. Catchwords: Occupations- Medical practitioners- misconduct and discipline-where the alteration of medical records by the practitioner was on an industrial scale and was perpetrated by him during a period in which he had received multiple warnings and was ultimately under investigation for the very behaviour that he continued to undertake- where the practitioner is guilty of unsatisfactory professional conduct and professional misconduct- Where the practitioner's registration is cancelled with a non-review period of three years. Legislation Cited: Health Practitioner Regulation (NSW) Regulation 2016 Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v HCCC [2017] NSWCA 186 HCCC v Do (2014) NSWCA 307 HCCC v Dr Mohammed Sadiq Asar (2016] NSWCATOD 157 HCCC v Fleisch (2019] NSWCATOD 69 HCCC v Gao [2022] NSWCATOD 73 HCCC v Godwin (2022] NSWCATOD 17 HCCC v Huda (2019] NSWCATOD 109 HCCC v Jamnagarwalla [2022] NSWCATOD 61 HCCC v Knowles [2020] NSWCATOD 80 HCCC v Litchfield [1997] NSWSC 264 HCCC v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 HCCC v Liu [2016] NSWCATOD 133 HCCC v Lucire [2022] NSWCATOD 74 HCCC v Lucire (No 2) [2023] NSWCATOD 31 HCCC v Nguyen (2018] NSWCATOD 168 HCCC v Picones [2018] NSWCATOD 56 HCCC v Von Marburg [2019] NSWCATOD 85 Lee v HCCC [2012] NSWCA 80 Sabag v HCCC [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Chin Ven Tan (Respondent) Representation: Counsel: Ms Bailey (Applicant)