Health Care Complaints Commission v Black (No 3) [2015] NSWCATOD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Black (No 3) [2015] NSWCATOD 72 Hearing dates: 23 June 2015 Decision date: 15 July 2015 Jurisdiction: Occupational Division Before: J Muller (Principal Member) Dr M Woollam (Professional Member) Dr R Engel (Professional Member) F Taylor (Lay Member) Decision: Having found Complaints One to Five inclusive established during a 'Stage One' hearing – See HCCC v Black (No2) - the Tribunal now finds Complaint Six established. Cumulatively the Tribunal has found 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, contravention of s 130(1) of the National Law and that the Respondent is currently not a suitable person to hold registration

The Tribunal made the following orders :

(1) Pursuant to s149C(4)(a) of the National Law declares that if the Practitioner were still registered as a osteopath the Tribunal would have cancelled his registration.

(2) Pursuant to s149C(4)(b) of the National Law the Practitioner is disqualified from being registered as a osteopath for a period of 10 years commencing on the date of publication of Health Care Complaints Commissioner v Black (No3) [2015] NSWCATOD 72.

(3) Pursuant to s149C(5) & s149C(5A) the Practitioner is permanently prohibited from providing all 'Health Services' as defined in s4 Health Care Complaints Act 1993 (NSW) (Prohibition Order) which includes the following services, whether provided as public or private services: