Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Firth (No1) [2015] NSWCATOD 83 Hearing dates: 27 February 2015 Decision date: 27 February 2015 Jurisdiction: Occupational Division Before: M Joseph SC (Principal Member) Prof C Willcox (Professional Member) Dr E Collins (Professional Member) Prof D Anderson (Lay Member) Decision: The Tribunal pursuant to s 167 makes orders that they be the conditions to be imposed on the registration of the respondent until further order of the tribunal. Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Category: Principal judgment Parties: Health Care Complaints Commission of NSW (Complainant) Ian Firth (Respondent) Representation: Counsel: A Britt (Complainant) Solicitors: J Dinihan, Health Care Complaints Commission (Complainant) I Firth (Respondent in person) File Number(s): 1420296 Publication restriction: A Non-publication Order is made under section 64 (1) Civil and Administrative Tribunal Act 2013 (NSW) in respect of the names of all persons identified as patients. reasons for decision 1. The Tribunal has an application from the respondent Mr Firth that today's hearing be adjourned because of two reasons. 2. One is the cessation of professional relationship between his previous legal team and himself. The circumstances surrounding this are not known to the Tribunal and is at this point not particularly relevant. Mr Firth makes application for this adjournment to locate a legal representation and to brief them. The Tribunal is informed of this by letter of 26 February 2015 that he seeks to have the benefit of legal assistance and time for legal assistance. 3. The second reason for seeking an adjournment is to obtain time to arrange for references, which we assume to be professional references, financial statements and other documents to prove his professional worth and future is not totally reflected in the decision of the Tribunal. 4. That adjournment is not opposed by the Health Care Complaints Commission in the circumstances. It is to be noted that the parties before the Tribunal do not have a right to legal representation and such representation is subject to leave of the Tribunal. However given that the Tribunal has given leave for such representation up till this point of time, the Tribunal will not otherwise change its grant of leave and accepts the request by Mr Firth that he wishes to regain legal representation. 5. Therefore, the hearing of the second stage of the matter is to be adjourned till 19 March. Orders have been made that Mr Firth will provide to the Tribunal by 4pm on 16 March all evidence that he seeks to rely on at the hearing on 19 March. It is being made clear to Mr Firth that no further adjournment is likely to be granted on 19 March if he is unable to obtain the services or provide the information as required by that time. It would be expected that if legal representation is not forthcoming that Mr Firth will attend the hearing in Sydney and conduct the proceedings in person. This is not to in any way suggest that is the preferred position of the Tribunal, and the Tribunal in fact would think that it would be assisted by Mr Firth being represented and hopes that that will occur. 6. The HCCC seek as a term or at least as a term of that adjournment that interim orders be made on the conditions under which Mr Firth presently practises. Mr Firth though has not specifically opposed those orders, the orders are sought pursuant to s 167E of the National Law and the Tribunal agrees with the HCCC that given the circumstances of this matter and the decision it has made that interim orders in those terms ought to be made. 7. The Tribunal pursuant to s 167 makes the following orders that they be the conditions to be imposed on the registration of Mr Ian Firth until further order of the Tribunal: 1. That the respondent will not work in any other practice or service than his own. 2. That the respondent they are only to have consultations with his clients during his standard business hours which are 8am to 5.30pm Monday to Thursday. 3. That the respondent is to limit all contact with clients outside of consultations to matters concerning the making of appointments and to referral of clients for other treatment. 4. The respondent is to advise all clients or in the alternative the parents or guardian of those clients that he has been the subject of a finding of professional misconduct and that he has conditions on his registration pending further determinations by the Tribunal. In this regard the respondent is to make available a copy of the amended complaint, which is to be faxed to him by the HCCC by 4pm today, or is to be emailed to the respondent's main email address, to the extent that that complaint has been proven and less the schedule to that complaint, and a copy of these interim orders. 5. The respondent is to obtain the written acknowledgment from each client, guardian or parent as the case may be, who has been so advised and has had documents made available to them, this document, namely the acknowledgment, is to be signed and dated showing the date upon which those acts have taken place. This acknowledgment is to be placed on the client's file held by the respondent. 6. The respondent is not to consult with any client whom he has not consulted in the last three months. That period of time is to date from today. 1. The Tribunal on further submissions accepts that these interim orders are made pursuant to 165L of the National Law and the decision will be amended to delete the reference from 167E and substitute the reference 165L of the National Law. 2. Finally, an order was made for the filing of evidence and we have made the assumption that that evidence would also be served on the HCCC. 3. The respondent is to file any evidence it seeks to rely on in the Tribunal by Monday, 4pm on 16 March. The HCCC have liberty to file and serve such other evidence they seek fit to file and serve by 4pm on 18 March, to be accompanied if appropriate with written submissions, and they are to also file and serve that information on Mr Firth at his email address. I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 17 August 2015