Health Care Complaints Commission v Quach (No 2) [2015] NSWCATOD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Quach (No 2) [2015] NSWCATOD 32 Hearing dates: 10 April 2015 Decision date: 21 April 2015 Jurisdiction: Occupational Division Before: F Marks ADCJ, Principal Member Dr M Giuffrida, Professional Member Dr E Kertesz, Professional Member C Berglund, Lay Member Decision: 1. The registration of the respondent is cancelled.

2. No application for review may be made for a period of 7 years from this date.

3. The respondent is prohibited from providing any health service on a public, private or volunteer basis including community health services, counselling, teaching, mental health services, health education services and welfare services.

4. The respondent is to pay the costs of the complainant in and about these proceedings.

5. Liberty to apply is granted with respect to costs. Catchwords: MEDICAL PRACTITIONER; findings of professional charges excessive in amount and improperly charged and conduct involving a number of patients including misdiagnosis, inappropriate treatment regime, poor communication skills, propensity to diagnose certain conditions and failure to accept advice from peers constitutes professional misconduct . Further finding of suffering from a mental impairment, disability, condition or disorder which detrimentally affects or is likely to detrimentally affect capacity to practise medicine in that suffers from narcissistic personality disorder and, furthermore, is thereby not competent to practice the profession under section 139 of the National Law as does not have sufficient mental capacity to do so.– cancellation of registration and prohibition order justified – costs order made. Legislation Cited: Health Practitioner Regulation National Law Cases Cited: Health Care Complaints Commission v Quach [2015] NSWCATOD 2 Health Care Complaints Commission v Dr Jamieson [2014] NSWCATOD 56 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Michael Quach (Respondent) Representation: Counsel: R Mathur (Complainant)