Health Care Complaints Commission v Istephan (No 2) [2017] NSWCATOD 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Istephan (No 2) [2017] NSWCATOD 116 Hearing dates: 26 and 27 June 2017 and written submissions received on 30 June 2017 Date of orders: 01 August 2017 Decision date: 01 August 2017 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr F Wright, Professional Member Dr A Lang, Professional Member F Taylor, General Member Decision: 1. On the expiration of seven (7) days from to-day's date the registration of Dr Andrew Istephan (the practitioner) is cancelled. 2. The practitioner is precluded from applying for a re-instatement order under s 163A of the Health Practitioner Regulation National Law (NSW) for a period of two (2) years from the date of cancellation of his registration. 3. The Registrar is requested to notify the Dental Council of NSW as soon as practicable of Orders 1 and 2 of these orders. 4. The practitioner shall pay the costs of the Health Care Complaints Commission of and incidental to these proceedings as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES- where practitioner concedes he is guilty of professional misconduct but asserts he is a suitable person to practise – where practitioner found guilty of criminal charges – where certificates granted under s 128 of the Evidence Act 1995 (NSW) in respect of complaints and particulars of complaints – where elderly patients treated without informed or valid consent – whether practitioner's evidence truthful and demonstrates insight. Legislation Cited: Evidence Act 1995 (NSW) Guardianship Act 1987 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34) Chappel v Hart (1998) 195 CLR 232; [1998] HCA 55 Chief Executive Department of Tourism, Fair Trading & Wine Industry Development v 4 Play (Oz) Pty Ltd. [2008] QCA 267 Health Care Complaints Commission v CWY [2017] NSWCATOD 6 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Istephan [2017] NSWCATOD 15 Health Care Complaints Commission v Litchfield [1997] NSWCA 264 HCCC v Pierce [2010] NSWNMT 23 Health Care Complaints Commission v Rolleston [2013] NSWMT 12 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Khan v the General Pharmaceutical Council [2017] WLR 169 Rogers v Whitaker (1992) 175 CLR 479 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Andrew Istephan (Respondent) Representation: Counsel: R Mathur (Applicant) Q Rares (Respondent)