Health Care Complaints Commission v Tan [2016] NSWCATOD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tan [2016] NSWCATOD 115 Hearing dates: On the papers Date of orders: 02 September 2016 Decision date: 02 September 2016 Jurisdiction: Occupational Division Before: Mullane ADCJ, Principal Member Dr S Mares, Professional Member Dr P Anderson, Professional Member R Kelly, General Member Decision: (1) The Respondent's registration as a medical practitioner is cancelled; (2) The Respondent must not apply to restore his registration within 5 years; (3) The Respondent must pay the costs of the applicant of or incidental to these proceedings as agreed, or otherwise as determined by the Tribunal; and (4) Each party has leave to relist the proceedings for further orders for determination of the costs under order 3 if there is no agreement as to the amount of the costs payable within one month. (5) Publication or broadcast of the name or other identifying information of any patient referred to in these reasons without leave of the Tribunal is prohibited. Catchwords: Medical Practitioner, psychiatrist, discipline, sexual assaults of patients, cancellation of registration. Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission –v- Litchfield [1997] 41; Prakash –v- Health Care Complaints Commission [2006] NSWCA 153; Skinner v Beaumont (1974) 2 NSWLR 106; Law Society of NSW v Foreman (1994) 34 NSWLR 408; Seville v HCCC [2006] NSWCA 298; Lee v HCCC [2012] NSWCA 80; Re Dr Parajuli [2010] NSWMT 3; HCCC v Dr Graeme Harris [2008] NSWMT 6;; HCCC v King [2013] NSWMT 9; Ex parte Lenehan (1948) 77CLR 403; HCCC v Dinnaker [209] NSWMT 8; Ohn v Walton (1995) 36 NSWLR 77 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ong Min Tan (Respondent) Representation: Counsel: R Mathur (Applicant) M Ainsworth (Respondent)