Health Care Complaints Commission v Ng [2015] NSWCATOD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ng [2015] NSWCATOD 85 Hearing dates: 7, 8, and 9 October 2014, 26 November 2014, 3 February 2015 Decision date: 19 August 2015 Jurisdiction: Occupational Division Before: R Titterton, Senior Member Dr E Clark, Professional Member Dr M Woollam, Professional Member Dr C Berglund, General Member Decision: Each of the complaints brought against the Respondent is established.

The conduct of the Respondent constitutes both unsatisfactory professional conduct and professional misconduct. Catchwords: HEALTH CARE PRACTITIONER - Osteopath – digital penetration during course of treatment -constitutes both unsatisfactory professional conduct and professional misconduct. Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioner Regulation National Law (NSW) Cases Cited: Armagas Ltd v Mundogas S.A. (The "Ocean Frost") [1985] 1 Lloyd's Rep 1 Bathurst Regional Council v Local Government Financial Services Pty Ltd (No 5) [2012] FCA 1200 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Camden v McKenzie [2007] QCA 136; [2008] 1 Qd R 39 Campbell v Campbell [2015] NSWSC 784 Director-General, Department of Community Services, Re; Sophie [2008] NSWCA 250 Forster v Hunter New England Area Health Service [2010] NSWCA 106). Gianoutsos v Glykis [2006] NSWCCA 137 Hughes v St Barbara Mines Ltd [No 4] [2010] WASC 160 In the matter of Kit Digital Australia Pty Ltd (in liq) [2014] NSWSC 1547 McGraddie v McGraddie [2013] UKSC 58; [2013] 1 WLR 2477 New South Wales v Hunt [2014] NSWCA 47 Onassis v Vergottis [1968] 2 Lloyd's Rep 403 Palmer v Dolman; Dolman v Palmer [2005] NSWCA 361 Rejfek v McElroy [1965] HCA 46 Sundararaj v Minister for Immigration and Multicultural Affairs [1999] FCA 76 Warner v Hung, in the matter of Bellpac Pty Ltd (Receivers and Managers Appointed) (In Liquidation) (No 2) [2011] FCA 1123 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Sow Kuan Ng (Respondent) Representation: Counsel: C O'Donnell (Applicant)