Health Care Complaints Commission v Talmadge [2016] NSWCATOD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Talmadge [2016] NSWCATOD 16 Hearing dates: 14, 15, 16, 17 December 2015 Date of orders: 03 February 2016 Decision date: 03 February 2016 Jurisdiction: Occupational Division Before: J Millbank - Senior Member C Lennings - Professional Member J Szyndler - Professional Member F Taylor - General Member Decision: (1) The application by Mr Talmadge for the Tribunal to terminate the hearing is dismissed; (2) Pursuant to s 149C(4) of the National Law, the Tribunal declares that the practitioner's registration as a Psychologist on the National Register of Health Practitioners maintained by the Australian Health Practitioner Regulation Agency would have been cancelled from the date of this order if he had been currently registered; (3) Pursuant to s 149C(7) the practitioner may not make an application to the Tribunal under Division 8 to return to the register until 5 years from the date of this order; (4) The practitioner is prohibited, pursuant to s149C(5A), from providing any "health services" as defined by s 5 of the National law, until such time as a reinstatement order is made; (5) A non-publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the publication of the current or former names of Patient A or any other material that could identify her, including the name of her former partner or child; (6) Costs in favour of the Commission pursuant to cl 13(1) of Sch 5D of the National Law as agreed, or failing agreement, liberty to restore to the list to be assessed. Catchwords: Psychology – sexual relationship between practitioner and patient – patient very vulnerable – patient with complex mental health presentation – Dissociative Identity Disorder – appropriateness of diagnostic process and treatment plan – failure to seek expert supervision – Gender Identity issues – failure to support referral for psychiatric review prior to surgical procedures –- failure to maintain professional boundaries in treatment – failure to maintain professional boundaries in telephone communication out of session – home visits – failure to refer for other mental health support at termination of therapeutic relationship – allegation of destruction of clinical records – failure to keep clinical records – application to dispense with hearing as complaints conceded – important particulars not conceded Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ('CAT') ss 36, 50(2), 64; Health Practitioner Regulation National Law 2009 (NSW) ('The National Law') ss 3A, 4, 139B, 139E,149(b), 149C,165H, Sch 5D cl 12; Health Records and Information Privacy Act 2002 (NSW) s 25(1)(a) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34, (1983) 60 CLR 336 Gianoutsos v Glykis [2006] NSWCCA 137, (2006) 65 NSWLR 539 In re Sood [2006] NSWMT 1 HCCC v Fraser [2014] NSWCATOD 29 HCCC v Perroux [2011] NSWDC 99 HCCC v Litchfield (1997) 41 NSWLR 630 HCCC v Jamieson [2014] NSWCATOD 56 HCCC v Della Bruna [2014] NSWCATOD 31 HCCC v Philipiah [2013] NSWCA 342 Lucire v HCCC [2011] NSWCA 182 Polglaze v Veterinary Practitioners Board of NSW [2009] NSWSC 347 Sabag v HCCC [2001] NSWCA 411 Texts Cited: Australian Psychological Society (APS) Code of Ethics (2007); APS, Guidelines for Providing Psychological Services and Products Using the Internet and Telecommunications Technologies (2011); APS, Guidelines on Working with Sex Diverse and Gender Diverse Clients (2012); Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Seth Erin Talmadge (Respondent) Representation: Counsel: R Mathur (Applicant) D Villa (Respondent)