Health Care Complaints Commission v Little [2016] NSWCATOD 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Little [2016] NSWCATOD 146 Hearing dates: 18 and 19 August 2016and by written submissions received on 2 September 2016 and 16 September 2016 Date of orders: 29 November 2016 Decision date: 29 November 2016 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member J Uren, Professional Member R Engel, Professional Member A Collier, General Member Decision: (1) The Respondent is guilty of unsatisfactory professional conduct. (2) The Respondent is guilty of professional misconduct. (3) The Respondent is publicly reprimanded. (4) The conditions appearing in Attachment A to these reasons are to be placed on the Respondent's registration for a period of 18 months from the date of this order. (5) The Chiropractic Council of NSW is the appropriate review body of these conditions for the purposes of Part 8 of the National Law. (6) The Registrar is requested to notify the Chiropractic Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1 - 5 above as soon as practicable. (7) The Respondent is to pay the Applicant's costs. (8) An order pursuant to s.64 of the Civil and Administrative Tribunal Act 2013 prohibiting the disclosure of the names of the patients appearing in the Schedule to the Complaint of Patients A, B, C and the husband of Patient B. Catchwords: Chiropractor – where practitioner admits he is guilty of unsatisfactory professional conduct – inappropriate relationship with patient while therapeutic relationship continues – failure to maintain appropriate professional boundaries – whether conduct amounted to professional misconduct – appropriate review body. Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: HCCC v Ryken [2016] NSWCATOD 58 R. v Byrne [1995] 193 CLR 501 HCCC v Phung (No. 1) [2012] 1 NSWDT HCCC v Perroux [2011] NSWDC 99 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 HCCC v Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Do [2014] NSWCA 307 Qidwai v Brown [1984] 1 NSWLR 100 Pillai v Messiter (No 2) [1989] 16 NSWLR 197 Lee v Health Care Complaints Commission [2012] NSWCA 80 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Darren Little (Respondent) Representation: Counsel: R Graycar (Applicant) S Barnes (Respondent)