Health Care Complaints Commission v Ledner [2017] NSWCATOD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ledner [2017] NSWCATOD 90 Hearing dates: 21 November 2016, 27 - 28 February, 1 and 22 March 2017 Date of orders: 15 June 2017 Decision date: 15 June 2017 Jurisdiction: Occupational Division Before: R C Titterton, Senior Member A Shires, Professional Member Assoc Prof C Willcox, Professional Member M Turner, General Member Decision: 1 The respondent's registration is cancelled. 2 The respondent is not entitled to re-apply for registration for a period of one year. 3 The respondent is prohibited from providing health services for a period of one year. 4 The Commission is to pay the respondent's costs thrown away of the hearing of 21 November 2016. 5 The respondent is otherwise to pay the Commission's costs of the proceedings, as agreed or as assessed. Catchwords: Health Practitioner Regulation National Law –psychologist – complaints of inappropriate and sexual conduct with former patient – complaints of unsatisfactory professional conduct and professional misconduct admitted Legislation Cited: Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) No 86a Cases Cited: Gad v Health Care Complaints Commission (2002) NSWCA 111 Health Care Complaints Commission v Ahmad [2015] NSWCATOD 10 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1977) 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 New South Bar Association v Hamman (1999) NSWCA 404 New South Bar Association v Meakes [2006] NSWCA 340. Psychologists Registration Board of Victoria v Pallini [2008] VCAT 2632; Psychology Board of Australia v IVX (Review and Regulation) [2016] VCAT 35 Psychology Board v Garcia [2015] VCAT 128 Richter v Walton, Court of Appeal, 15 September 1993, unreported Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Mrs Brooke Ledner (Respondent) Representation: Counsel: