Health Care Complaints Commission v Reader [2016] NSWCATOD 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Reader [2016] NSWCATOD 152 Hearing dates: 31 October 2016 and 1 November 2016 Date of orders: 08 December 2016 Decision date: 08 December 2016 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr P Anderson, Professional Member Dr N Janes, Professional Member Ms J Houen, General Member Decision: 1. The registration of Dr Jeremy Charles Reader (the practitioner) on the register of health professionals maintained by the Australian Health Practitioner Regulation Agency (AHPRA) is cancelled. 2. The practitioner is precluded from applying for a reinstatement order under s 163A of the Health Practitioner Regulation National Law for a period of 12 months from the date of this order. 3. The Registrar is requested to provide a copy of these orders and decision to the Medical Council of NSW (the Council) with a request that the Council notify AHPRA of orders 1 and 2 of these orders as soon as practicable. 4. The practitioner shall pay the Health Care Complaints Commission's costs of and incidental to these proceedings as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – Professional disciplinary proceedings – whether medical practitioner guilty of unsatisfactory professional conduct and professional misconduct as defined in the Health Practitioner Regulation National Law - where practitioner concedes majority of particulars in complaints - whether practitioner suffers an impairment – whether practitioner competent to practise. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law Legal Profession Uniform Law Application Act 2014 (NSW) Medical Practice Act 1992 (NSW) Medical Practitioners Act 1968 (as amended) (NZ) Cases Cited: Allinson v General Medical Council [1894] 1 QB 750 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Clyne v NSW Bar Association (1980) 104 CLR 186 Duncan v Medical Disciplinary Committee [1986] 1 NZLR 513 Health Care Complaints Commission v Litchfield [1997] NSWCS 297 Health Care Complaints Commission v Qasim [2015] NSWCA 282 Health Care Complaints Commission v Rahimpanah (MPSC 14) Health Care Complaints Commission v Stone [2016] NSWCATOD 117 King v Health Care Complaints Commission [2011] NSWCA 353 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Solomon v Australian Health Practitioners Regulation Authority [2015] WASC 203 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Jeremy Charles Reader (Respondent) Representation: Counsel: P Griffin SC (Applicant) M Lynch (Respondent)