Health Care Complaints Commission v Bao-Quy Nguyen-Phuoc (No. 2) [2015] NSWCATOD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bao-Quy Nguyen-Phuoc (No. 2) [2015] NSWCATOD 94 Hearing dates: 20 August 2015 Decision date: 14 September 2015 Jurisdiction: Occupational Division Before: F Marks ADCJ, Principal Member Dr L King Professional Member Dr S Howle Professional Member M Kelly Lay Member Decision: (1) The respondent is disqualified from being registered as a medical practitioner for a period of three years from this date. (2) The National Board with which the respondent was registered is required to record the fact that we would have cancelled the registration of the respondent in the National Register kept by it. (3) The respondent is prohibited from providing on a private or public basis alternative health services being naturopathy and/or intravenous vitamin therapy unless and until he is re-registered as a medical practitioner. (4) The respondent is to pay the costs of the complainant of these proceedings. Catchwords: Unregistered medical practitioner - Finding of professional misconduct - Held registration cancelled as if registered - Not to seek re-registration for 3 years - Prohibition order practising as a naturopath - Costs order made. Legislation Cited: Health Practitioner Regulation National Law (NSW), ss149C(4)(a), 149C(5), 149C(5A) Cases Cited: Health Care Complaints Commission v Nguyen-Phuoc [2015] NSWCATOD 81 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Bao-Quy Nguyen Phuoc (Respondent) Representation: Counsel: W Hunt (Applicant)