Health Care Complaints Commission v Wong [2017] NSWCATOD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wong [2017] NSWCATOD 99 Hearing dates: 27, 29, 30 and 31 March 2017 and by written submissions 7 April 2017 and 13 April 2017. Date of orders: 23 June 2017 Decision date: 23 June 2017 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr M Giuffrida, Professional Member Dr K Ilbery, Professional Member M Kelly, Lay Member Decision: 1. The registration of Dr Teresa Wong (the practitioner) on the register of practitioners maintained by the Australian Health Practitioner Regulation Agency is cancelled. 2. The Registrar is requested as soon as practicable to notify the Medical Council of NSW of Order 1 of these orders. 3. Under s 149C (7) of the Health Practitioner Regulation National Law the practitioner is precluded from seeking a re-instatement order under s 163A for a period of two years from the date of these orders. 4. The practitioner shall pay the costs of the Health Care Complaints Commission as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – Professional disciplinary proceedings – where practitioner concedes complaint of professional misconduct and that she suffers an impairment as defined in the Health Practitioner Regulation National Law - where practitioner asserts she is competent to practise. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law 2014 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Poisons & Therapeutic Goods Act 1966 (NSW). Poisons and Therapeutic Goods Regulation 2008 (PTGR 2008) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Clyne v NSW Bar Association (1960) 104 CLR 186 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Do [2014] NSWCA 307 Kirumba v Walton NSWCA (unreported) 4 October 1990 Reimers v Medical Council of NSW [2012] NSWCA 317 Spicer v New South Wales Medical Board & Ors (unreported NSWCA 19 February 1981) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Teresa Wong (Respondent) Representation: Counsel: A Britt (Applicant) K Burke (Respondent) Solicitors: Health Care Complaints Commission (Applicant) TressCox Lawyers (Respondent) File Number(s): 1620096 Publication restriction: Pursuant to cl 7 of Schedule 5D of the Health Practitioner Regulation National Law publication of the names of the patients set out in the Schedule to the complaint annexed to the Application for Disciplinary Finding and Orders is prohibited.