Health Care Complaints Commission v Sun [2016] NSWCATOD 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sun [2016] NSWCATOD 80 Hearing dates: 1, 2 and 3 June 2016 Date of orders: 22 June 2016 Decision date: 22 June 2016 Jurisdiction: Occupational Division Before: Marks ADCJ, Principal Member Dr M Cox, Professional Member Dr E O'Brien, Professional Member Dr C. Berglund, General Member Decision: 1. The registration of the respondent as a medical practitioner is cancelled pursuant to the provisions of section 149C of the National Law

2. Pursuant to section 149C(7) of the National Law a period of 3 years is fixed before the respondent may apply for a review

3. The respondent is to pay the costs of the complainant in an amount assessed in default of agreement. Catchwords: MEDICAL PRACTITIONER - drug dependent and impaired - breach of practice conditions caused by drug dependency - registration cancelled. Legislation Cited: Health Practitioner Regulation National Law, ss 139B, 139E, 149C Evidence Act, 1995 (NSW), s128 Cases Cited: Reimers v Health Care Complaints Commission [2012] NSWCA 317 Health Care Complaints Commission v Mitchell [2015] NSWCATOD 151 Health Care Complaints Commission v Do [2014) NSWCA 307 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Young Hoon Sun (Respondent) Representation: Counsel: W Hunt (Complainant)