Kaye v Health Care Complaints Commission (No 2) [2018] NSWCATOD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kaye v Health Care Complaints Commission (No 2) [2018] NSWCATOD 36 Hearing dates: 14 February 2018 Date of orders: 14 February 2018 Decision date: 12 March 2018 Jurisdiction: Occupational Division Before: A Britton, Principal Member A Lowe, General Member Decision: 1. The Respondent's decision made on 06 October 2016, made under the Health Care Complaints Act 1993 (NSW), to prohibit the applicant from providing any counselling of any description and any other mental health services after 6 March 2017, is varied.

2. In substitution for that part of the decision prohibiting the applicant from providing after 6 March 2017, any counselling of any description and any other mental health services until he satisfies the Respondent that he has successfully completed a Level 5 qualification in counselling (ie a Diploma of Counselling) from an accredited institution, the following decision is made.

3. Pursuant to s 41A(2) of the Health Care Complaints Act 1993 (NSW), the applicant is permanently prohibited from providing any "health service" in either a paid or voluntary capacity. Note: For the purpose of this order "health service" carries the meaning given by s 4 of the Health Care Complaints Act, and includes but is not limited to the following types of health services: mental health counselling, hypnotherapy, psychotherapy and providing medico-legal opinion or advice relating to personal injury or similar claims.