Health Care Complaints Commission v Tan [2016] NSWCATOD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tan [2016] NSWCATOD 147 Hearing dates: 15 and 16 August 2016 Date of orders: 06 December 2016 Decision date: 06 December 2016 Jurisdiction: Occupational Division Before: K O'Connor, AM, ADCJ, Deputy President Dr M McGlynn, Professional Member Dr A Demirkol, Professional Member Y Rowling, General Member Decision: Complaints 1, 3, 3A, 4 and 5 of the disciplinary application are upheld. Complaints 2 and 7 are dismissed.

The Tribunal finds the respondent guilty of professional misconduct.

In relation to Complaint 6, the Tribunal finds that the respondent is suffering from an impairment within the meaning of s 5 of the National Law, i.e. substance dependence disorder.

The Tribunal orders that: 1. The respondent's registration be cancelled. 2. The Tribunal orders that an application under Division 8 for review of order 1 not be made before 12 months from the date of order 1. 3. The respondent pay the applicant's costs of, and incidental to, the proceedings, as agreed or assessed. Catchwords: PROFESSIONAL DISCIPLINE – Medical Profession –– self administration of drugs – treatment of patients – misleading conduct – finding of professional misconduct – held unfit to remain registered – registration cancelled – prohibition order refused. Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Care Complaints Act 1993 Health Practitioner Regulation (NSW) Regulation 2010 Cases Cited: A Solicitor v Council of the NSW Law Society [2004] HCA 1 HCCC v Nemeth [2012] NSWMT 4 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Sharah [2015] NSWCATOD 99 New South Wales Bar Association v Cummins [2001] NSWCA 284; [2001] 52 NSWLR 279 New South Wales Bar Association v Maddocks (NSWCA, 23 August 1988, unreported) New South Wales Bar Association v Murphy [2002] NSWCA 138. Prothonotary of the Supreme Court of New South Wales v Ritchard (NSWCA, 31 July 1987, unreported) Re Lenehan [1948] HCA 45; (1948) 77 CLR 403 Spicer v NSW Medical Council (NSWCA, unreported, 19 February 1981) Texts Cited: DC Pearce, Australian Administrative Law, LexisNexis Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Chin Kuen (Tony) Tan (Respondent) Representation: Counsel: A Britt (Applicant) M Lynch (Respondent)