Health Care Complaints Commission v Ovchinnikov [2017] NSWCATOD 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ovchinnikov [2017] NSWCATOD 62 Hearing dates: 13, 14 February 2017 Date of orders: 27 April 2017 Decision date: 27 April 2017 Jurisdiction: Occupational Division Before: A Britton, Principal Member J Flood, Professional Member S Dawson, Professional Member J Houen, General Member Decision: (1) If Ms Ovchinnikov were still registered the Tribunal would have cancelled her registration pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW).

(2) Pursuant to s 149C(4) of the Health Practitioner Regulation National Law (NSW) the National Board is required to record the fact that the Tribunal would have cancelled Ms Ovchinnikov's registration in the National Register kept by the Board.

(3) Ms Ovchinnikov must pay the Commission's costs as agreed or assessed. Catchwords: PROFESSIONS AND TRADES — health practitioner — whether practitioner guilty practitioner guilty of professional misconduct — whether practitioner has an impairment — whether practitioner is "a suitable person to hold registration" — appropriate protective orders where findings of professional misconduct and impairment made Legislation Cited: Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Medical Practice Act 1992 (NSW). Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Caladine v HCCC [2007] NSWCA 362 DPP v El Mawas [2006] NSWCA 154 (2006); 66 NSWLR 93 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Jamieson [2014] NSWCATOD 56 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lindsay v Health Care Complaints Commission [2010] NSWCA 19 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449 Ohn v Walton (1995) 36 NSWLR 77 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Tung v Health Care Complaints Commission & Anor [2011] NSWCA 219 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Nadejda Ovchinnikov (Respondent) Representation: Counsel: A Petrie (Applicant)