Health Care Complaints Commission v Townsend [2016] NSWCATOD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Townsend [2016] NSWCATOD 118 Hearing dates: 11, 12 April 201627 April 2016 (final submissions) Date of orders: 07 September 2016 Decision date: 07 September 2016 Jurisdiction: Occupational Division Before: A Britton, Principal Member J Flood, Professional Member K Dixon, Professional Member M Kelly, General Member Decision: (1) Pursuant to s 149C(1) of the National Law, the Tribunal decides to cancel Mr Townsend's registration. (2) Pursuant to s 149C(7) of the National Law, Mr Townsend cannot seek review of Order 1 before 17 December 2016. (3) Mr Townsend must pay the Commission's costs of the proceedings, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW — Civil and Administrative Tribunal (NSW) — health practitioner — whether practitioner guilty of unsatisfactory professional conduct — whether practitioner guilty of professional misconduct — appropriate disciplinary orders where finding made that practitioner is guilty of professional misconduct

HEALTH PRACTITIONER — meaning of impairment — whether a health practitioner with a drug use problem but in relapse has an impairment

PRACTICE AND PROCEDURE — reliability of expert evidence

COSTS — principles applying to awarding costs under the Health Practitioner Regulation National Law (NSW) Legislation Cited: Health Practitioner Regulation National Law (NSW) Evidence Act 1995 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Grant v Health Care Complaints Commission [2003] NSWCA 73 HCCC v Jamieson [2014] NSWCATOD 56 HCCC v Townsend [2013] NSWNMT 3 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Perceval [2014] NSWCATOD 38 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Ohn v Walton (1995) 36 NSWLR 77 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Tung v Health Care Complaints Commission [2011] NSWCA 219 Texts Cited: American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders. 5th edition Category: Principal judgment Parties: Health Care Complaints Commission (Applicant ) Alexander Townsend (Respondent) Representation: Counsel: L Thomas (Applicant)