Health Care Complaints Commission v Brennan [2017] NSWCATOD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Brennan [2017] NSWCATOD 75 Hearing dates: 19, 20, 22 and 23 September 2016 Date of orders: 17 May 2017 Decision date: 17 May 2017 Jurisdiction: Occupational Division Before: Hon G Mullane ADCJ – Principal Member Dr L Cotterell – Professional Member Dr I Symington – Professional Member Ms J Houen – General Member Decision: (1) The practitioner, Keith Ian Brennan is guilty of professional misconduct;

(2) The proceedings are to be listed for a further 1 day of hearing to determine the outcomes of the proceedings on a date to be fixed by the Registrar;

(3) The Health Care Complaints Commission must file and serve any further documents upon which it seeks to rely within 28 days.

(4) The respondent practitioner must file and serve any further documents on which he seeks to rely within 28 days after he is served with the documents from the Commission.

(5) Publication or broadcast without the leave of the Tribunal of the name or other identifying information of any child or any patient of the practitioner is prohibited. Catchwords: Medical Practitioner – Disciplinary proceedings – Allegation that Doctor formed intimate and sexual relationship with patient – Stage 1 hearing Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Care Complaints Act 1993 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Keith Ian Brennan (Respondent) Representation: Counsel: Mr A Britts (Applicant ) Mr M Lynch (Respondent)