HEALTH CARE COMPLAINTS COMMISSION v WINGATE [2007] NSWCA 326

Reported Decision: 70 NSWLR 323

New South Wales Court of Appeal

CITATION: HEALTH CARE COMPLAINTS COMMISSION v WINGATE [2007] NSWCA 326

HEARING DATE(S): 26 October 2007

JUDGMENT DATE: 20 November 2007

JUDGMENT OF: McColl JA at 1; Basten JA at 2; Harrison J at 81

(1) Vary order (1) made by the Tribunal on 5 April 2007 so that it now reads:

(1) Impose on the practitioner's registration a condition that he not attend, treat or perform operations on patients under 18 years of age. DECISION: (2) Otherwise dismiss the appeal.

(3) Order the Appellant to pay the Respondent's costs of the appeal.

DISCIPLINARY ORDERS – taking account of criminal penalty – protective purpose – imposing conditions on right to practise – relevance of controls under child protection legislation

MEDICAL PROFESSION – unsatisfactory professional conduct – professional misconduct – conviction for a criminal offence – possession of child pornography

CATCHWORDS: MEDICAL PROFESSION – not of good character – failure to provide Medical Board with accurate information of circumstances of offence – privilege against self-incrimination

PROFESSIONAL DISCIPLINE – formulation of complaints – scope of appellate jurisdiction – Medical Practice Act 1992 (NSW), s 90

WORDS & PHRASES – "good character" – "not of good character"

Child Protection (Prohibited Employment) Act 1998 (NSW), s 5 Commission for Children and Young People Act 1998 (NSW), ss 33, 33B, 33C, 33H, 33I, 33J LEGISLATION CITED: Crimes Act 1900 (NSW), s 578B Crimes (Sentencing Procedure) Act 1999 (NSW), s 9 Health Care Complaints Act 1993 (NSW), ss 16, 28, Part 2 Medical Practice Act 1992 (NSW), ss 36, 37, 39, 51, 62, 64, 66, 90, 91, Part 4, Div 3, Schedule 2, cl 5