Health Care Complaints Commission v Cheng [2017] NSWCATOD 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Cheng [2017] NSWCATOD 51 Hearing dates: 9,10,11,12,16 May 2016, 21,22,23,24 November 2016; 21 February, 17 March 2017 (submissions) Date of orders: 06 April 2017 Decision date: 06 April 2017 Jurisdiction: Occupational Division Before: The Hon F Marks ADCJ, Principal Member Dr M Higgins, Professional Member Dr S Mares, Professional Member J Houen, Community Member Decision: Respondent found guilty of professional misconduct Proceedings stood over for stage 2 hearing Catchwords: Medical practitioner – allegations of misconduct of a sexual nature – finding of professional misconduct – proceedings stood over for stage 2 hearing Legislation Cited: Health Practitioner Regulation National Law Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1983) 60 CLR 336 Health Care Complaints Commission v Schmidt [2016] NSWCATOD 145 HCCC v Do [2014] NSWCA 307 HCCC v Litchfield (1997) 41 NSWLR 630 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Elvin Suet Pang Cheng (Respondent) Representation: Counsel: C Davenport SC (Applicant) W Hunt and later M Lynch (Respondent)

Solicitors: Health Care Complaints Commission (Applicant) Avant Law Pty Ltd (Respondent) File Number(s): 2015/00383911 Publication restriction: Non publication order extending to the name and any material which might identify the name of any patient of the respondent