Health Care Complaints Commission v Bastas [2025] NSWCATOD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bastas [2025] NSWCATOD 24 Hearing dates: 11 – 13 February 2025 Date of orders: 10 March 2025 Decision date: 10 March 2025 Jurisdiction: Occupational Division Before: A Balla ADCJ, Principal Member Dr M Walker, Senior Member Dr S Cowap, Senior Member M Christensen, General Member Decision: (1) In respect of Complaint One, Particulars 1-12, Dr Bastas is guilty of unsatisfactory professional conduct. (2) In respect of Complaint Two, Dr Bastas is guilty of unsatisfactory professional conduct. (3) In respect of Complaint Three, Dr Bastas is guilty of professional misconduct. Catchwords: OCCUPATIONS – Medical Practitioners – Misconduct and Discipline – Unsatisfactory Professional Conduct – Professional Misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Practitioner Regulations (New South Wales) Regulation 2010 Health Practitioner Regulations (New South Wales) Regulation 2016 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336. Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Bainbridge [2018] NSWCATOD 169 Health Care Complaints Commission v Daniel [2022] NSWCATOD 104 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Parker v Comptroller-General of Customs [2009] HCA 7 R v Byrnes (1995) 183 CLR 501 Re A Medical Practitioner and the Medical Practice Act, NSWMT, 3 September 2007, unrep Texts Cited: Medical Board of Australia, Good Medical Practice: A Code of Conduct for Doctors in Australia (at March 2014) Medical Board of Australia, Sexual Boundaries; guidelines for doctors (at 28 October 2011) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Maria Bastas (Respondent) Representation: Counsel: D Fuller (Applicant) J Bennett (Respondent)