Health Care Complaints Commission v Dawes [2015] NSWCATOD 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dawes [2015] NSWCATOD 8 Hearing dates: 12, 13 and 14 May 2014 Date of orders: 11 February 2015 Decision date: 25 February 2015 Jurisdiction: Occupational Division Before: J Muller, Principal Member Dr W Warren, Professional Member Prof A Blaszczynski, Professional Member F Taylor, Lay Member Decision: The Tribunal declared that if the Respondent were still registered as a health practitioner the Tribunal would have reprimanded him in the strongest terms and ordered the cancellation of his registration.

The Tribunal ordered that the Respondent is disqualified from being registered as a psychologist for a period of 10 years commencing from the date of this decision.

The Tribunal made a permanent Prohibition Order with respect to the provision of certain 'Health Services' defined in s4 Health Care Complaints Act 1993, namely Community health services, Counselling, Mental health services, Health education services, Welfare services necessary to implement the above services, and Services provided in other alternative health fields.

The Tribunal further ordered that the Respondent pay the costs of the HCCC as agreed or assessed.

The Tribunal also ordered that the appropriate review body for any application made by the Respondent is NCAT or any successor to it in time.

The Tribunal also requested that the Psychology Board of Australia record in the National Register kept by that Board the fact that the Tribunal would have cancelled the Respondent's registration had he still been registered as at the date of this decision. Catchwords: Health Practitioner Regulation - psychologist - boundary violations - vulnerable client - sexual contact with a client - email correspondence with inappropriate and graphic content - sending pornographic material to client - requesting pornographic material be manufactured by client and transmitted - involvement with illegal sexual acts - failure to keep accurate records - failure to keep records of an appropriate quality - failure to appropriately terminate therapeutic relationship - failure to make referral – failure to seek advice of a senior colleague - unsatisfactory professional conduct - professional misconduct - breach of Code of Ethics – impairment of complex/multiple paraphilia - not competent to practise psychology – disqualification for 10 years – permanent prohibition order re provision of health services. Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) No. 86a (National Law) Psychologists Act 2001 Civil and Administrative Rules 2014 Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 HCCC v Engel Jones [2011] NSWNMT 23 HCCC v Litchfield (1997) 41 NSWLR 630 HCCC v Scully [2011] NSWNMT 28 Jacobsen v Nurse Tribunal (unreported Dunford J BC9705032) NSW Bar Association v Meakes [2006] NSWCA 340 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Gareth Michael Dawes (Respondent) Representation: Counsel: W Hunt (Complainant)