Health Care Complaints Commission v Smith [2016] NSWCATOD 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Smith [2016] NSWCATOD 93 Hearing dates: 31 July 2015 Date of orders: 18 July 2016 Decision date: 18 July 2016 Jurisdiction: Occupational Division Before: Y Grant, Senior Member Dr E Collins, Professional Member Associate Professor C Willcox, Professional Member A Collier, General Member Decision: (1) Pursuant to s 149C(4) of the Health Practitioner Regulation National Law (the National Law) the Tribunal records that if Terrence Smith (the practitioner) was still registered on the register of health practitioners maintained by the Australian Health Practitioner Regulation Agency (AHPRA) for the Psychology Board of Australia it would have cancelled his registration.

(2) AHPRA is requested to record in register the fact that the Tribunal would have cancelled the practitioner's registration had he been registered at the date of this decision.

(3) Pursuant to s 149C(7) of the National Law no application for a review shall be made for a period of eighteen months from the date of this decision.

(4) Pursuant to s 149(5)(a) and s 149(5A) of the National Law the practitioner is prohibited from providing the following services as defined in the Health Care Complaints Act 1993 (NSW) unless and until he is again registered as a psychologist: (i) Therapy; (ii) Counselling; (iii) Psychotherapy; (iv) Welfare services (as defined in s.4 of the Health Care Complaints Act); (v) Any other mental health service and/or; (vi) Any other alternative, or healing or health care or therapies