Health Care Complaints Commission v Luo [2025] NSWCATOD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Luo [2025] NSWCATOD 5 Hearing dates: 13, 14, 15, 16, 17, 20, 21 and 22 May 2024 Date of orders: 30 January 2025 Decision date: 30 January 2025 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Dr P Coop, Senior Member Dr S Cochrane, Senior Member Dr R Leontini, General Member Decision: (1) The respondent's application that the proceedings be dismissed is dismissed. (2) Particulars (1)(a) and (b), (2), (5), (6)(a) and (c), (7)(a) and (c), (9)(a), (c) and (d), (10)(a) and (d), (11)(a), (b) and (d), (12)(a), (c) and (d), (13)(a), (c), (d) and (e) and (14) (d) and (e) of Complaint One are established. (3) 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). (4) The Particular of Complaint Two is not established. (5) Complaint Two is not established. (6) The Particular of Complaint Three is established. (7) Complaint Three is established, in that the respondent is guilty of unsatisfactory professional conduct under s 139B(1)(b) of the Health Practitioner Regulation National Law (NSW). (8) Complaint Four is established, in that the respondent is guilty of professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW). (9) Costs are reserved. (10) The matter is to be listed for directions for a Stage Two hearing. Catchwords: HEALTH — professional registration and discipline — Complaints — Chinese medicine practitioner — findings of fact —unsatisfactory professional conduct — professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 55(1)(b) Crimes Act 1900 (NSW), s 18(1)(b) Health Care Complaints Act 1992 (NSW), s 4 Health Practitioner Regulation National Law (NSW), ss 130, 139, 139E 149C; cl 12D of Sch 5D Cases Cited: Bajic v Paraskevopoulos [2018] NSWCATAP 192 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 at 443. CEU v University of Technology Sydney [2018] NSWCATAD 13 Chen v Health Care Complaints Commission [2017] NSWCA 186 Gussoni v Burnheim [2018] NSWCATAP 75 Health Care Complaints Commission v Al-Mozany (No 6) [2024] NSWCATOD 8 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 Luo (No 2) [2025] NSWCATOD 7 Health Care Complaints Commission v Richards [2024] NSWCATOD 37 Health Care Complaints Commission v Wong [2024] NSWCATOD 200 Liang v University of Technology, Sydney [2018] NSWCATAP 285 Mifsud v Campbell (1991) 21 NSWLR 725 R v Walsh [2004] NSWSC 111 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Soulmezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Yun Sen Luo (Respondent) Representation: Counsel: P Aitken (Applicant)