Health Care Complaints Commission v Sheehan [2016] NSWCATOD 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sheehan [2016] NSWCATOD 89 Hearing dates: 16 and 17 March 2016 Date of orders: 12 July 2016 Decision date: 12 July 2016 Jurisdiction: Occupational Division Before: R C Titterton, Senior Member C Willcox, Professional Member G Purkis, Professional Member F Taylor, General Member Decision: (1) The respondent is guilty of unsatisfactory professional conduct. (2) The respondent is guilty of professional misconduct. (3) The respondent is publicly reprimanded. (4) The registration of the respondent is cancelled. (5) The respondent may not apply for a review of order 4 for a minimum period of two years from the date of this decision. (6) The respondent not provide to the public, while not registered as a psychologist, the services of: (a) Therapy. (b) Counselling. (c) Psychotherapy. (d) Welfare services (as defined in section 4 of the Health Care Complaints Act 1993. (e) Any other mental health service. (f) Clinical supervision of psychology students. (g) Any other alternative/healing/health care/therapies. (7) The respondent is to pay the Commission's costs, as agreed or as assessed. Catchwords: PSYCHOLOGIST - Where practitioner admits unsatisfactory professional conduct - whether professional misconduct – whether conduct warrants cancellation of the practitioner's registration. Consideration of an appropriate period before the practitioner can apply for re-instatement – appropriateness of prohibition orders Legislation Cited: Civil and Administrative Tribunal Act 2013. Health Care Complaints Act 1993 Health Respondent Regulation National Law NSW No 86a Psychologists Act 2001 Cases Cited: Briginshaw v Briginshaw (1983) 6 CLR 336 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Gayed v Walton [1997] NSWSC 279 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Howe [2010] NSWMT 12 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267. Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Marino (No. 2) [2016] NSWCATOD 75 Health Care Complaints Commission v Perroux [2011] NSWDC 99 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Smith [2015] NSWCATOD 85 Health Care Complaints Commission v Wingate [2007] NSWCA 326. Lucire v Health Care Complaints Commission v Health Care Complaints Commission [2011] NSWCA 99 Meakes v NSW Bar Association [2006] NSWCA 340 Mehta and the Medical Practice Act of NSW (29 November 2002) NSW Bar Association v Meakes [2006] NSWCA 340 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Re Dr Parajuli [2010] NSWMT 3 at [31]. Sabag v Health Care Complaints Commission [2001] NSWCA 411 at [99]. Smith v the Nursing and Midwifery Board of Australia [2013] NSWNMT 10 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) David John Sheehan (Respondent) Representation: Counsel: P Ginters (Applicant) S McMahon (Respondent)