Health Care Complaints Commission v Rickard [2017] NSWCATOD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Rickard [2017] NSWCATOD 120 Hearing dates: 13 July 2017 Date of orders: 04 August 2017 Decision date: 04 August 2017 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr L Cotterell, Professional Member Dr A Demirkol, Professional Member S Lovrovich, General Member Decision: 1. If Ms Phillipa Elizabeth Rickard (the practitioner) had been registered at the date of the hearing the Tribunal would have cancelled her registration. 2. The practitioner is precluded from applying for a re-instatement order under s 163A of the Health Practitioner Regulation National Law for a period of 3 years from the date of cancellation of her registration. 3. The Registrar is requested to notify the Medical 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). 5. The practitioner is prohibited under s 149C (5) of the Health Practitioner Regulation National Law from providing any health service, as defined in s 4 of the Health Care Complaints Act 1993, whether on a public, private or volunteer basis including community health services, counselling, mental health services and welfare services. Catchwords: PROFESSIONS AND TRADES – where practitioner concedes she is guilty of professional misconduct –where practitioner concedes order sought for cancellation of her registration should be made – where practitioner also concedes order sought under s 163A of the Health Practitioner Regulation National Law should be made and she should pay the Health Care Complaints Commission's costs of the proceedings - where parties in dispute about whether a non-publication order should be made. HELD – application for non-publication order dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (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 Clyne v NSW Bar Association (1960) 104 CLR 186; [1960] HCA 40 Council of the Law Society of NSW v CZD [2017] NSWCATOD 31 Health Care Complaints Commission v DAC [2017] NSWCATOD 98 Health Care Complaints Commission v BXD (No 2) [2015] NSWCATOD 135 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v XC [2015] NSWCATOD 9 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Phillipa Elizabeth Rickard (Respondent) Representation: Counsel: V Hartstein (Applicant) C Jackson (Respondent)