Health Care Complaint Commission v Vo [2014] NSWCATOD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaint Commission v Vo [2014] NSWCATOD 127 Hearing dates: 28-31 July 2014 Decision date: 03 November 2014 Jurisdiction: Occupational Division Before: J Boland ADCJ Dr S Toh (Occasional Professional Member) Dr P Anderson (Occasional Professional Member) G Ettinger (Occasional Lay Member) Decision: 1. The registration of Dr Kelvin Thuc Minh Vo (the practitioner) on the register of practitioners maintained by the Australian Health Practitioner Regulation Agency (AHPRA) in conjunction with the Medical Board of Australia shall be cancelled twenty-one days from the date of this order. 2. AHPRA is requested to record order 1 of these orders on the register. 3.The practitioner may not re-apply for re-instatement to the register for a period of two years. 4. The names of the patients A and B set out in the Schedules to the Complaints and the names of the practitioner's children shall not be published to any person except the parties to these proceedings. 5 The practitioner shall pay the costs of and incidental to the proceedings of the Health Care Complaints Commission as agreed and failing agreement liberty to restore before the Tribunal for assessment. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal Act 2013 (NSW) - Where complaint of unsatisfactory professional conduct and professional misconduct in respect of one patient admitted. Propensity evidence - Where practitioner denies inappropriate sexual conduct in respect of another patient. Where unsatisfactory professional conduct and professional misconduct in respect of second patient established. Consideration of appropriate protective orders. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law Cases Cited: Abalos v Australian Postal Commission[1990] HCA 47; 171 CLR 167 Briginshaw v Briginshaw (1938) 60 CLR 336 Cantarella Bros Pty Ltd v Andreasen [2005] NSWSC 579 Clyne v NSW Bar Association (1980) 10 CLR 186 Jacara Pty Ltd v Perpetual Trustees WA Ltd [2000] FCA 1886 Health Care Complaints Commission v Dr A [2012] NSWMT 10. Health Care Complaints Commission v Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Gow (NSWMT unreported 21 October 2008) Health Care Complaints v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Karalasingham [2007] NSWCA [2007] 267 Lucire v HCCC [2001] NSWCA 99 Merrilyn Walton v Alexander Sergevich Momot & Anor (NSW Court of appeal 17 April 1997) R v Harker [2004] NSWCCA 427; Re Tracey [2011]NSWCA 3 Zaidi v Health Care Complaints Commission and Anor (1998) 44 NSWLR 8 Category: Principal judgment Parties: Dr Kelvin Thuc Minh Vo Representation: Health Care Complaints Commission (Applicant) Avant Law Pty Ltd.(Respondent) File Number(s): 1420069 and 1420079 Publication restriction: A non publication order in respect of patients named in the complaints was made on 20 February 2014 and continued on 28 July 2014. On 28 July 2014 the non publication order was extended to include the names of the two children of the practitioner.