Health Care Complaints Commission v Harvey [2017] NSWCATOD 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Harvey [2017] NSWCATOD 175 Hearing dates: 18 September 2017 Date of orders: 06 December 2017 Decision date: 06 December 2017 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member I McQualter, Senior Member L Schalk Senior Member A Gray, General Member Decision: 1. The Practitioner's registration is cancelled

2. Under s.149C(7) of the National Law the Practitioner is not to make any application for review of the cancellation of his registration for a period of 12 months from the date of the Tribunal's decision.

3. Under s.149C(5) of the National Law, the Practitioner is prohibited from providing all health services unless and until he is re-registered.

4. The Registrar is requested to notify the Nursing and Midwifery Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1, 2 and 3 above as soon as practicable.

5. Under s.64 of the Civil and Administrative Tribunal Act 2013 the disclosure of the names of Patient A and Patient B appearing in the Schedule to the Complaint is prohibited.

6. The Practitioner is to pay the Applicant's costs of and incidental to the proceedings. Catchwords: Unsatisfactory professional conduct – improper and unethical conduct. Breach of Conditions Imposed by Nursing and Midwifery Council of NSW. Whether conduct amounted to professional misconduct. Where practitioner does not attend the hearing Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: HCCC v Liu [2016] NSWCATOD 133 HCCC v Perroux [2011] NSWDC 99 HCCC v Phung (No. 1) [2012] 1 NSWDT HCCC v Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Office of Local Government v Toma [2015] NSWCATOD 21 Pillai v Messiter (No 2) [1989] 16 NSWLR 197 Qidwai v Brown [1984] 1 NSWLR 100 R. v Byrne [1995] 193 CLR 501 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Russell Harvey (Respondent) Representation: Counsel: Ms Bonnor (Applicant)