Health Care Complaints Commission v Dewar [2014] NSWCATOD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dewar [2014] NSWCATOD 139 Hearing dates: 11 November 2014 Decision date: 26 November 2014 Jurisdiction: Occupational Division Before: M Brennan, Principal Member L Tong, Occasional Member, ProfessionalW Warren, Occasional Member, ProfessionalF Taylor, Occasional Member, Lay Decision: 1. The respondent is guilty of unsatisfactory professional misconduct and professional misconduct. 2. The practitioner may adduce evidence and submissions on the appropriate orders consequential to the Tribunal's findings by 10 December 2014 by lodging such material with the Registrar of the Occupational Division, New South Wales Civil and Administrative Tribunal by 10 December 2014. He should also advise the Registrar at this time whether he would like to appear in person to make oral submissions to the Tribunal or whether he agrees with the Tribunal considering protective orders and costs on the basis of any evidence or submissions he has filed and those of the applicant. 3. In the event the respondent does not file any further material or advise the Registrar by 10 December 2014 of the information set out in paragraph 2, the Tribunal will consider the submissions on protective orders and costs filed by the applicant. Catchwords: ADMINISTRATIVE LAW -Civil and Administrative Tribunal. Professional disciplinary proceedings against a psychologist. Legislation Cited: Health Practitioner Regulation National Law (NSW) No.86aHealth Care Complaints Act (NSW) 1993 Cases Cited: HCCC v King [2011] NSWCA 353Briginshaw v Briginshaw [1938] HCA 34Chew v The Queen (1992) 173 CLR 626Health Care Complaints Commission v Do [2014] NSWCA 307 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Darryl Dewar (Respondent) Representation: Counsel H Bennett (Applicant) Health Care Complaints Commission (Applicant)D Dewar (Respondent in person) File Number(s): 1420187 Publication restriction: Clause 7 of Schedule 5D of the Health Practitioner Regulation National Law (NSW) No 86a applies to the details of Client A and to the medical practitioner who referred Client A to the respondent