Health Care Complaints Commission v Black (No 2) [2015] NSWCATOD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Black (No 2) [2015] NSWCATOD 5 Hearing dates: 10, 11, 12, 13, 16, 17, 18, 19 June, 22 & 23 July, 3 & 7 November 2014 Decision date: 12 February 2015 Jurisdiction: Occupational Division Before: J Muller (Principal Member) M Woollam (Professional Member) R Engel (Professional Member) F Taylor (Lay Member) Decision: The Tribunal finds Complaints One to Five inclusive established. The Tribunal reserves with respect to a finding regarding Complaint Six to 'Stage Two' of the hearing. The Tribunal finds established unsatisfactory professional conduct, professional misconduct, improper and unethical conduct, contravention of conditions on registration, contravention of s 34A(4) of the Health Complaints Act 1993 and contravention of s 130(1) of the National Law.

The Tribunal orders :

1. A Directions Hearing is set for 9.30 am on 17 February 2015 for the purpose of directions regarding 'Stage Two' of the proceedings, including a finding with respect to Complaint Six. Catchwords: Health Practitioner – osteopath- previously registered as osteopath and chiropractor – unsatisfactory professional conduct, professional misconduct, improper and unethical conduct on the basis of conduct in a clinical setting involving female patients, contravention of conditions on his registration on multiple occasions, failure to comply with a 'Section 34A Notice' issued by the HCCC and failure to advise National Board of criminal charge in accordance with s130(1) of the National Law – not a suitable person to hold registration Legislation Cited: Civil and Administrative Tribunal Act 2013 – s64(1)(c) Civil and Administrative Tribunal Rules 2014 – 42(3)(c) Crimes Act 1900 – s76 Health Care Complaints Act 1993 - s39(2), s34A, 90B(3) Health Practitioner Regulation National Law (NSW) – s3A, s144, s145A Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336. Clyne v NSW Bar Association [1960] HCA 40; (1980) 104 CLR 186) Health Care Complaints Commission v Black [2014] NSWCATOD 35 HCCC v Quirk [2007] NSWPST 5 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Purnell v Medical Board of Queensland, (Supreme Court of Queensland, Court of Appeal, unreported, 15 August 1997) Re Dr Than Le Medical Tribunal of NSW (20 September 2001) Zaidi v HCCC [1997] NSWCA 354; (1998) 44 NSWLR 82. Category: Principal judgment Parties: Health Care Complaints Commission of NSW (Complainant) Robert Anthony John Black (Respondent) Representation: Counsel: V A Hartstein (Complainant)