Health Care Complaints Commission v Brush [2015] NSWCATOD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Hearing dates: 20 and 21 July 2015 Decision date: 27 October 2015 Jurisdiction: Occupational Division Before: A Britton Principal Member Dr K Murnane Occasional Member Dr S Lake Occasional Member Dr J Milne Occasional Member Decision: 1. Pursuant to s 149C(1) of the National Law, the Tribunal decides to cancel Mr Brush's registration. 2. Pursuant to s 149C(7) of the National Law, Mr Brush cannot seek review of Order 1 before 18 months of the date of this decision. 3. Pursuant to s 149C(5) of the National Law, Mr Brush is prohibited from providing the following health services unless and until he is registered as an osteopath: (a) Any form of massage therapy or therapy involving physical contact of the body; (b) Any treatment or therapy involving body movement, joints or the musculoskeletal system; (c) Any other alternative or healing or healthcare therapies. 4. The Commission may make further submissions on the issue of costs, providing its submissions are filed and served within 14 days of the date of this decision. If it elects not to make further submissions, the Commission must notify the Tribunal and Mr Brush in writing within 14 days of the date of this decision. 5. Within 14 days of receiving (i) notice that the Commission does not intend to make further submissions on costs or (ii) the Commission's further submissions on costs, Mr Brush must file and serve any submissions in reply. 6. Within seven days of receiving any submissions from Mr Brush the Commission must file and serve submissions in reply. Catchwords: ADMINISTRATIVE LAW — Civil and Administrative Tribunal (NSW) — health practitioner — whether practitioner guilty of unsatisfactory professional conduct — whether practitioner guilty of professional misconduct — whether respondent is a suitable person to hold registration — appropriate disciplinary orders where finding made that practitioner is guilty of professional misconduct Legislation Cited: Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Health Practitioner Regulation National Law (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Hatfield v Health Insurance Commission (1987) 15 FCR 487 HCCC v McKay [2007] NSWNMT 5 HCCC v Meyer [2008] NSWNMT 22 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Lee v Health Care Complaints Commission [2012] NSWCA 80 McBride v Walton (unrep, NSWCA, 15 July 1994) Prakash v Health Care Complaints Commission [2006] NSWCA 153 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Sudath v Health Care Complaints Commission [2012] NSWSC 171 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Grant Allan Brush (Respondent) Representation: Counsel: A Britt (Applicant)