Health Care Complaints Commission v Bergmeier [2014] NSWCATOD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bergmeier [2014] NSWCATOD 75 Hearing dates: 17, 18, 19, 20 March 2014 Written submissions 13 June 2014 Decision date: 16 July 2014 Jurisdiction: Occupational Division Before: D Robinson, Principal Member Dr C Lennings, Psychologist Member E Shaw, Psychologist Member Dr J Milne, PhD, Lay Member Decision: The Tribunal finds the Respondent Psychologist guilty of unsatisfactory professional conduct and professional misconduct. Catchwords: Unsatisfactory professional conduct; professional misconduct, boundary violations, personal relationship with prison inmate; manipulation and falsification of prison records; cancellation of registration. Legislation Cited: Health Practitioner Regulation National Law (NSW) No 86a; Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Briginshaw v Briginshaw(1938) 60 CLR 336;HCCC v Litchfield (1997) 41 NSWLR 630; HCCC v Gillett [2007] NSWNMT 7; HCCC v Howe [2010] NSWMT 12; Gayed v Walton [1997] NSWSC 279; Allinson v General Council of Medical Education and Registration [1984] 1 QB 750; Pillai v Messiter [No.2] (1989) 16 NSWLR 197. Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Bobbi Bergmeier (Respondent) Representation: Counsel Ms S Beckett (Complainant) R Lewis,(Complainant) Timothy Hemsley and Associates, (Respondent) File Number(s): 1420013 Publication restriction: Non Publication order applies in respect of information identifying the person known as Client A and to information identifying the person referred to as Ms X.