Health Care Complaints Commission v Mitchell [2015] NSWCATOD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mitchell [2015] NSWCATOD 151 Hearing dates: 26 and 27 October 2015 Date of orders: 18 December 2015 Decision date: 18 December 2015 Jurisdiction: Occupational Division Before: S McIllhatton - Senior Member M Crowley - Professional member W Morrison - Professional member A Collier - Lay Member Decision: 1. Pursuant to s.149C(1) of the Health Practitioner Regulation National Law (NSW) ("the National Law") the Respondent's registration as a psychologist is cancelled from the date of this order. 2. Pursuant to s149C(7) the Health Practitioner Regulation National Law (NSW) the Respondent Practitioner may not make any application for review of Order 1 of these orders for a period of 2 years from the date of the orders. 3. The Registrar is requested to notify the Psychology Council of New South Wales of Orders 1 and 2 of these orders as soon as practicable. 4. The Respondent Practitioner is to pay the Applicant Commission's costs

5. An order pursuant to s.64 of the Civil and Administrative Tribunal Act 2013 prohibiting the disclosure of the names of the patients appearing in the Schedule to the Complaint of Patients A to AH Catchwords: Breach of Practice Conditions; Unsatisfactory Professional Conduct; Professional Misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) (the National Law) Sections 55, 139B, 139E, 144(e), 148E and 149C

Health Care Complaints Act 1993 Section 34A(4) Cases Cited: Lee v HCCC [2012] NSWCA 80 Childs v Walton [1990] NSWCA 41 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 HCCC v Saedlounia [2013] NSWMT 13 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Geoffrey Mitchell (Respondent) Representation: Counsel: S Talbert (Applicant)