Health Care Complaints Commission v Dr CRF [2016] NSWCATOD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr CRF [2016] NSWCATOD 120 Hearing dates: 8 August 2016 Date of orders: 16 September 2016 Decision date: 16 September 2016 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr P Anderson, Professional Member Dr S Ieraci, Professional Member S Lovrovich, Lay Member Decision: (1) The registration of Dr CRF (the practitioner) is cancelled. (2) The Medical Council of NSW is requested to advise the Australian Health Practitioner Regulation Agency of Order 1 of these orders as soon as practicable. (3) Under s 149C(7) the practitioner may not apply to the NSW Civil and Administrative Tribunal under s 163A of the Health Practitioner Regulation National Law (the National Law) for a re-instatement order for a period of two years from the date of these orders. (4) The practitioner shall pay the costs of Health Care Complaints Commission of and incidental to the proceedings as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONAL DISCIPLINE – Where it is alleged under the Health Practitioner Regulation National Law practitioner is guilty of unsatisfactory professional conduct and professional misconduct, is impaired and is unfit to practise medicine. Where practitioner concedes the allegations in the complaint – Where practitioner concedes her registration should be cancelled and that she should pay the HCCC's costs. Where dispute as to whether any period should be imposed before practitioner can apply for a re-instatement order and whether or not non-publication order should be made. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Clyne v NSW Bar Association (1980) 104 CLR 186 HCCC v Gow (Supression Order) [2008] NSWMT 3 HCCC v Simring (Suppression Order) [2010] NSWMT 6 Health Care Complaints Commission v Khan [2016] NSWCATOD 32 Health Care Complaints Commission v Vo [2014] NSWCATOD 127 Hogan v Hinch (2011) 234 XLR 506 Qasim v Medical Council of NSW [2015] NSWCA 282 Reimers v Health Care Complaints Commission [2012] NSWCA 317 Welker v Rinehart (No 6) [2012] NSWSC 160 Walton v Momot [1997] NSWCA 143 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr CRF (Respondent) Representation: Counsel: R Graycar (Applicant) M Lynch (Respondent) Solicitors: Health Care Complaints Commission (Applicant) TressCox Lawyers (Respondent) File Number(s): 1520183 Publication restriction: Unless leave is first granted by the Tribunal pursuant to Schedule 5D Cl 7 of the National Law except to comply with Order 1 and 2 of these orders no person or entity shall publish the name of the practitioner, her husband or her friend, Mr AB whose names are set out in the Exhibits before the Tribunal.