Health Care Complaints Commission v XC [2015] NSWCATOD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v XC [2015] NSWCATOD 9 Hearing dates: 10 November 2014 Decision date: 23 February 2015 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr V De Carvalho, Professional Member Dr M Giuffrida, Professional Member Dr M Gleeson, Lay Member Decision: 1. The Tribunal notes that had Ms XC (formerly Dr XC) (the practitioner) been registered at the date of these orders it would have cancelled her registration.

2.The practitioner is disqualified under s 149C (4) (b) of the Health Practitioner Regulation National Law for a period of 18 months from the date of these orders from applying to be re-registered on the Registrar of Medical Practitioners maintained by the Medical Board of Australia in conjunction with the Australian Health Practitioner Regulation Agency (AHPRA).

3. The Registrar, Occupational Division, NSW Civil and Administrative Tribunal is directed to forward a copy of these orders together with details of the practitioner's name to AHPRA with a request that it note orders 1 and 2 of these orders on the Register.

4. The practitioner shall pay 50 per cent of the costs of the HCCC. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal Act 2013 (NSW). Where HCCC assert practitioner is guilty of unsatisfactory professional conduct and professional misconduct by reason of breach of conditions imposed on her registration and misleading authorities including the Medical Council of NSW. Where it is asserted the practitioner suffers an impairment. Where the practitioner concedes all particulars in the Complaint and has surrendered her registration at the date of the hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation Legislation Amendment Act 2014 (NSW) Medical Practice Act 1992 (NSW) repealed Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336. Clyne v NSW Bar Association (1980) 104 CLR 186 Council of the NSW Bar Association v Franklin (No 2) [2014] NSWCA 428 Health Care Complaints Commission v Campbell [2014]NSWCATOD 107 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Khan [2014] NSWCATOD 83 Health Care Complaints Commission v Manners [2014] NSWCATOD 156 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Vo [2014 NSWCATOD 127 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; 110 ALR 420 Reimers v Health Care Complaints Commission [2012] NSWCA 317 Ohn v Walton (1995) 36 NSWLR 77 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) XC (Respondent) Representation: Counsel: B Tronson appeared for the applicant. M Lynch appeared for the respondent.