Health Care Complaints Commission v Pakalu [2016] NSWCATOD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Pakalu [2016] NSWCATOD 49 Hearing dates: 22 and 23 February 2016 Date of orders: 22 April 2016 Decision date: 22 April 2016 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr R Napier, Professional Member Dr K Edwards, Professional Member R Kelly, General Member Decision: 1. ORDER the registration of Dr Wilson Pakalu (the practitioner) recorded on the register of medical practitioners maintained by the Australian Health Practitioner Regulation Agency (AHPRA) is cancelled. 2. ORDER the practitioner may not make any application for review of Order 1 of these orders for a period of two years from the date of the orders. 3. The Registrar is requested to notify the Medical Council of Australia of Orders 1 and 2 of these orders as soon as practicable. 4. The Health Care Complaints Commission is requested to provide a copy of these reasons to AHPRA for its consideration of notification of the Papua-New Guinea registration authorities. 5. ORDER the practitioner shall pay the costs of and incidental of the Health Care Complaints Commission as agreed and failing agreement liberty to restore before the Tribunal. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal Act 2013 (NSW) – Where practitioner admits he is guilty of criminal offence (aggravated indecent assault) – Whether practitioner's conduct improper and unethical – Whether practitioner's conduct constitutes professional misconduct – Whether practitioner is fit to practise medicine. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation National Law (NSW) Amendment (Review) Act 2016 Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Clyne v NSW Bar Association (1980) 104 CLR 186 HCCC v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Do Health Care Complaints Commission v Litchfield [1997) NSWSC 297 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66 (1992) 67 ALJR 170 Re Dr Parajuli [2010] NSWNMT 3 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Wilson Pakalu (Respondent) Representation: Counsel: P Dwyer (Applicant) M Ainsworth (Respondent)