Health Care Complaints Commission v Duggan (No. 2) [2016] NSWCATOD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Duggan (No. 2) [2016] NSWCATOD 30 Hearing dates: 18 and 19 February 2016 Date of orders: 17 March 2016 Decision date: 17 March 2016 Jurisdiction: Occupational Division Before: J Millbank, Senior Member S Read, Professional Member M Woollam, Professional Member C Berglund, General Member Decision: (1) The practitioner, Garth Duggan, is reprimanded in the strongest terms under s 149A(1)(a) of the National Law for his failure to adhere to the basic elements of informed patient consent;

(2) Pursuant to s 149C(1)(b) of the National Law, the Tribunal declares that the practitioner's registration as an Osteopath on the National Register of Health Practitioners maintained by the Australian Health Practitioner Regulation Agency is cancelled from the date of this order;

(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 6 years from the date of this order;

(4) The practitioner is prohibited, pursuant to s 149C(5)(a), from providing any "health services" as defined by s 4 of the Health Care Complaints Act 1993 (NSW) 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 disclosure or publication of the names of patients A-C in the schedule to the complaint, their corroborating witnesses, and any other patient or student named in evidence; this order supersedes and replaces order 1 in HCCC v Duggan [2015] NSWCATOD 142;