Health Care Complaints Commission v Farrell [2017] NSWCATOD 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Farrell [2017] NSWCATOD 160 Hearing dates: 19 October 2017 Date of orders: 06 November 2017 Decision date: 06 November 2017 Jurisdiction: Occupational Division Before: R C Titterton, Principal Member D O'Kane, Professional Member A Scott, Professional Member Dr P McNeil, Lay Member Decision: (1) Each of Complaints One, Two, Three, Four and Five is established.

(2) Complaint Six is not established. Catchwords: Health Practitioner Regulation National Law – Medical Radiation Practice (Radiology) – objectives and principles of the National Law – principles binding the Tribunal – unsatisfactory disciplinary conduct – meaning and principles to be applied – professional misconduct – meaning and principles to be applied – impairment – meaning and principles to be applied – competence – meaning and principles to be applied – suitability to practise – meaning and principles to be applied Legislation Cited: Drug Misuse and Trafficking Act 1985 Health Care Complaints Act 1993 Health Practitioner Regulation National Law NSW No 86a Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Briginshaw v Briginshaw (1983) 6 CLR 336 Clyne v New South Wales Bar Association [1960] HCA 40 Forster v Hunter New England Area Health Service [2010] NSWCA 106. Gayed v Walton [1997] NSWSC 279 Health Care Complaints Commission v Ahmad [2015] NSWCATOD 103 Health Care Complaints Commission v Astor-Finn [2016] NSWCATOD 73 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Ferguson [2015] NSWCATOD 14 Health Care Complaints Commission v Howe [2010] NSWMT 12 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 Health Care Complaints Commission v Roopra (No 2) [2013] NSWDT 3 Health Care Complaints Commission v Vu [2012] NSWPYT 1 Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28 (1955) 93 CLR 127 In the matter of Bellpac Pty Ltd (Receivers and Managers Appointed) (In Liquidation) (No 2) [2011] FCA 1123 In the matter of Roderick Doyle Motun and the Medical Practice Act 1992 as amended, Medical Tribunal of NSW, 2 August 2000, unreported New South Bar Association v Meakes [2006] NSWCA 340 Palmer v Dolman [2005 NSWCA 361 Prakash v Health Care Complaints Commission [2006] NSWCA 153 R v The War Pensions Entitlement Appeals Tribunal; Ex parte Bott (1933) 50 CLR 228. Re Dr Parajuli [2010] NSWMT 3 Rejfek v McElroy [1965] HCA 46 Texts Cited: Aronson and Groves, Judicial Review of Administrative Action (5th Ed) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Matthew Farrell (Respondent) Representation: No Appearance (Respondent)