NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Marino [2016] NSWCATOD 37 Hearing dates: 10 February 2016, 23 February 2016 and 9 March 2016 (submissions) Date of orders: 05 April 2016 Decision date: 05 April 2016 Jurisdiction: Occupational Division Before: F Marks ADCJ, Principal Member Dr J Davidson, Professional Member Dr A Reid, Professional Member Hon. Prof. P Macneill, General Member Decision: The Respondent is found guilty of unsatisfactory professional conduct and professional misconduct. The proceedings are stood over for stage 2 hearing on 26 April 2016. Catchwords: Health practitioner – statement of patient not called to give evidence admitted- allegations of sexual and other misconduct- findings of unsatisfactory professional conduct and professional misconduct. Legislation Cited: Health Practitioner Regulation National Law (NSW), ss139B, 139E Health Practitioner Regulation (NSW) Regulation 2010 Cases Cited: Briginshaw v Briginshaw (1983) 60 CLR 336 Texts Cited: Good Medical Practice: A code of conduct for doctors in Australia, Medical Board of Australia Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Giuliano Marino (Respondent) Representation: Counsel: R Mathur (Complainant) P Griffin SC (Respondent)
Solicitors: Health Care Complaints Commission (Complainant in person) TressCox Lawyers (Respondent) File Number(s): 1520170 Publication restriction: Non publication order with respect to Patient A
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