Health Care Complaints Commission v Liu [2016] NSWCATOD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Hearing dates: 22,23,24 and 25 August 2016 Date of orders: 25 October 2016 Decision date: 25 October 2016 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr N Willcocks, Professional Member Dr M Cox, Professional Member S Lovrovich, Lay Member Decision: 1. If Dr Qing Shan (John) Liu (the practitioner) was registered as a medical practitioner on the register of medical practitioners maintained by the Australian Health Practitioners (AHPRA) the Tribunal would have cancelled his registration. 2. The practitioner is disqualified from seeking registration for a period of twelve months from the date of these orders. 3. The Medical Council of NSW is requested to advise AHPRA as soon as practicable of Order 1 of these orders. 4. The practitioner shall pay eighty per cent of the costs of and incidental to the proceedings of the Health Care Complaints Commission as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONAL DISCIPLINE – Where it is asserted respondent is guilty of unsatisfactory professional conduct and professional misconduct under the Health Practitioner Regulation National Law – whether practitioner failed to meet appropriate clinical standards – whether practitioner's conduct constituted improper or unethical conduct – whether the practitioner failed to keep proper medical records - whether practitioner's conduct is of such a serious nature that his registration could be suspended or cancelled. Legislation Cited: Health Practitioner Regulation (New South Wales) Regulation 2010 Health Practitioner Regulation National Law Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Clyne v NSW Bar Association (1960) 104 CLR 186 HCCC v Phung (No 1) [2012] NSWDT 1 Health Care Complaints Commission v Do [2013] NSWCA 307 Health Care Complaints Commission v Fisher [2016] NSWCATOD 62 Health Care Complaints Commission v Litchfield (1997) NSWLR 630; [1997] NSWSC 297 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v XC [2015] NSWCATOD 9 Office of Local Government v Toma [2015] NSWCATOD 21 Parker v Comptroller of Customs (2009) 83 ALJR 494; [2009] HCA 7 Qasim v Health Care Complaints Commission [2015] NSWCA 282 R v Byrnes and Hopwood (1995) 183 CLR 501; [1995] HCA 1 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mr Qing Shan (John) Liu (Respondent) Representation: Counsel: A Britt (Applicant) J Downing (Respondent)