Health Care Complaints Commission v Cheng (No 2) [2017] NSWCATOD 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Cheng (No 2) [2017] NSWCATOD 93 Hearing dates: 18 May 2017 Date of orders: 16 June 2017 Decision date: 16 June 2017 Jurisdiction: Occupational Division Before: Hon F Marks ADCJ (Principal Member) Dr M Higgins (Professional Member) Dr S Mares (Professional Member) J Houen (Community Member) Decision: (1) The registration of the respondent as a medical practitioner is cancelled from this date. (2) The respondent may not make any application for review of the cancellation of his registration for a period of seven years from this date (3) The respondent is prohibited from providing any health service as defined under section 5 of the Health Practitioner Regulation National Law including, but not limited to, acupuncture and Chinese medicine, until such time as he brings an application for review and is reregistered as a medical practitioner (4) The respondent is to pay the costs of the complainant in an amount assessed in default of agreement. Catchwords: Medical practitioner – misconduct involved inappropriate examination of female patients for sexual gratification – held unfit to practice medicine for an indefinite period – cancellation of registration – non-review period of 7 years-costs order made. 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 Health Care Complaints Commission v Cheng [2017] NSWCATOD 51 Stanoevski v The Council of the Law Society of New South Wales [2008] NSWCA 93. Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Elvin Suet Pang Cheng (Respondent) Representation: Counsel: C Davenport SC (Complainant) M Lynch (Respondent)