Health Care Complaints Commission v Bours (No2) [2015] NSWCATOD 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bours (No2) [2015] NSWCATOD 80 Hearing dates: 19-20 February 2015 Decision date: 05 August 2015 Jurisdiction: Occupational Division Before: J Hughes, Principal Member V du Toit, Professional Member L Taylor, Professional Member M Turner, Lay Member Decision: 1. Reprimand: On 13 October, 2014 the Tribunal in HCCC v Bours (No.1) [2014] NSWCATOD 113 made a finding that the Practitioner has engaged in unsatisfactory professional conduct and professional misconduct, and consequent upon those findings the Practitioner is reprimanded as a mark of the Tribunal's strong disapproval of the offending conduct.

2. Pursuant to s149C(a)(b) the Practitioner's registration as a podiatrist is suspended for a period of one year, to commence one week from the date of HCCC v Bours (No.2) [2015] NSWCATOD 80, such that the suspension period commences on 12 August 2015. During the one week period before the commencement of the suspension the Practitioner is only to consult patients for the purpose of providing referrals to other practitioners, and to attend to patients with appointments or surgeries that were already booked as at the date of these orders for that week

3. The Practitioner is ordered to pay the costs of the HCCC as agreed or assessed. If agreement cannot be reached between the parties then the parties have leave to apply to the Tribunal for assessment unless some other assessment mechanism is provided for at the relevant time.

4. After the expiration of the suspension in accordance with Order 2 of HCCC v Bours (No.2) [2015] NSWCATOD 80 the Practitioner's registration is to be subject to the following conditions: