Health Care Complaints Commission v Sciberras [2015] NSWCATOD 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sciberras [2015] NSWCATOD 146 Hearing dates: 23, 24, 25 March and 2 June 2015Final submissions 7 October 2015 Date of orders: 15 December 2015 Decision date: 15 December 2015 Jurisdiction: Occupational Division Before: D Robinson - Principal Member C Willcox - Professional Member Dr L Tong - Professional Member D Anderson - Lay Member Decision: 1. The Tribunal finds Mr Sciberras guilty of unsatisfactory professional conduct and professional misconduct.

2.The Tribunal reprimands Mr Sciberras in the strongest possible terms.

3.The Tribunal orders the cancellation of Mr Sciberras' registration and further orders that he not be eligible to apply for review of that decision within two years from the date of this order. Any application for review must be made to the New South Wales Civil and Administrative Tribunal.

4.The Tribunal orders that Mr Sciberras is prohibited from providing the following health services, whether provided as public or private services, while the cancellation order remains in force: • mental health services, including therapy, counselling, assessments and screening of patients • community health services • welfare services, as defined in section 4 of the Health Care Complaints Act 1993.

5.The Tribunal orders that Mr Sciberras pay the costs of the Health Care Complaints Commission. Catchwords: Unsatisfactory professional conduct and professional misconduct by psychologist; serious boundary violations; sexual relationship with former client; inappropriate communications and abusive behaviour. Legislation Cited: Health Practitioner Regulation National Law NSW Cases Cited: HCCC v Dr Della Bruna [2014] NSWCATOD 31 Briginshaw v Briginshaw (1938) 60 CLR 336) Pillai v Messiter (No 2) 16 NSWLR 97 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mr Anthony Sciberras (Respondent) Representation: Counsel: P Griffin SC (Applicant) F Corsaro SC (Respondent)