Health Care Complaints Commission v Astor-Finn [2016] NSWCATOD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Astor-Finn [2016] NSWCATOD 73 Hearing dates: 4 April 2016 Date of orders: 07 June 2016 Decision date: 07 June 2016 Jurisdiction: Occupational Division Before: K P O'Connor, AM, ADCJ, Deputy President Dr E Kok, Professional Member Dr K Koster, Professional Member S Lovrovich, General Member Decision: 1. Pursuant to s 149C(1)(a) of the Health Practitioner Regulation National Law [NSW], the respondent's registration is cancelled. An application for review of the order under Division 8 may not made until 18 months after the date of this order. 2. The respondent pay the applicant's costs of these proceedings, as defined in s 3 of the Civil Procedure Act 2005. Catchwords: PROFESSIONAL DISCIPLINE – Medical Profession – Breach of treatment conditions of conditional registration – Unsatisfactory professional conduct – Mental capacity – Impairment – Incompetence – Cancellation of registration. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil Procedure Act 2005 Health Practitioners Regulation National Law, No 86a (NSW) Medical Practice Act 1992 Nurses and Midwives Act 1991 Cases Cited: BRJ v Council of the New South Wales Bar Association [2016] NSWSC 146 Caladine v HCCC [2007] NSWCA 362 Grant v HCCC [2003] NSWCA 73 HCCC v Greenwood [2011] NSWNMT 13 HCCC v Wang [2010] NSWNMT 9 Health Care Complaints Commission v BXD (No 2) [2015] NSWCATOD 135 Health Care Complaints Commission v Gow (Suppression Order) [2007] NSWMT 3 Health Care Complaints Commission v Hutchinson [2014] NSWCATOD 151 Health Care Complaints Commission v Marquinez [2014] NSWCATOD 125 Health Care Complaints Commission v Street [2014] NSWCATOD 124 Health Care Complaints Commission v Vo [2014] NSWCATOD 10 Health Care Complaints Commission v XC [2015] NSWCATOD 9 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Ohn v Walton (1995) 36 NSWLR 77 Walton v Momot (NSWCA, 17 April 1997, unreported). Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Robert Astor-Finn (Respondent) Representation: Counsel: B Tronson (Applicant) No appearance (Respondent) File Number(s): 1520066