Health Care Complaints Commission v Kwan [2014] NSWCATOD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kwan [2014] NSWCATOD 72 Hearing dates: 2, 3, 4 June 2014 Decision date: 07 July 2014 Jurisdiction: Occupational Division Before: Acting Judge J L O'Meally, Principal Member Dr E Kok (Medical Member) Dr R Spark (Medical Member) Dr C Berglund (Lay Member) Decision: 1. The registration of Dr Kwan as a medical practitioner be cancelled for a period of two years from this date. 2. Dr Kwan to pay the costs of the Health Care Complaints Commission. Legislation Cited: Health Practitioner Regulation National Law (NSW) No 86a Poisons and Therapeutic Goods Act 1966 Poisons and Therapeutic Goods Regulation 2008 Medical Practice Regulation 2003 Cases Cited: Spicer v NSW Medical Council [NSWCA 3 of 1981] Health Care Complaints Commission v Gorondy-Novak [2011] NSWMT 3 at [200] Health Care Complaints Commission v Dr Della Bruna [2014] NSWCAOD 31 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Ching Kun Edmond Kwan (Respondent) Representation: Counsel Mr Britt (Complainant) Mr Hunt (Respondent) Health Care Complaints Commission (Complainant) Avant Law (Respondent) File Number(s): 1420070 Publication restriction: The name and address of and any other personal information relating to or tending to identify, Patient A should not be disclosed or published. Cl 7 Schedule 5D Health Practitioner National Law