Health Care Complaints Commission v Gachon [2015] NSWCATOD 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Gachon [2015] NSWCATOD 158 Hearing dates: 18, 19 November 201526 November 2015 (final submissions) Date of orders: 22 February 2016 Decision date: 19 November 2015 Jurisdiction: Occupational Division Before: A Britton, Principal Member E Collins, Occasional Member G Purkis, Occasional Member A Collier, Occasional Member Decision: 1. Pursuant to s.149C(1) of the Health Practitioner National Law (NSW) (the National Law), the Tribunal decides to cancel Mr Gachon's registration.

2. Pursuant to s149C(7) of the National Law, Mr Gachon cannot seek review of Order 1 before 18 months of the date of this decision.

3. Pursuant to s149C(5) of the National Law, Mr Gachon is prohibited from providing the following health services with or without supervision for a period of 18 months from the date of this decision:

a) Therapy b) Psychotherapy c) Counselling d) Mental Health services e) Health education services f) Welfare services, necessary to implement any services referred to in paragraphs (a) and (e).

4. Decision on cost made on 22 February 2016 - Respondent must pay the Commission's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW — Civil and Administrative Tribunal (NSW) — health practitioner — whether practitioner guilty of unsatisfactory professional conduct — whether practitioner guilty of professional misconduct — appropriate disciplinary orders where finding made that practitioner is guilty of professional misconduct