Health Care Complaints Commission v Hopper [2018] NSWCATOD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hopper [2018] NSWCATOD 39 Hearing dates: 12 and 13 February 2018 Date of orders: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Occupational Division Before: O Shub, Principal Member Dr S McKelley, Senior Member Dr S Philipson, Senior Member Ms J Hollen, General Member Decision: 1. The Respondent is found guilty of Unsatisfactory Professional Conduct and Professional Misconduct.

2. The Respondent's registration as a registered chiropractor is cancelled.

3. The Respondent is not permitted to seek re-registration for a period of 12 months.

4. The Respondent is to pay the costs of the Hearing. Catchwords: Chiropractor, Unsatisfactory Professional Conduct, Professional Misconduct, criminal charge, improper touching, indecent assault, gowning down, removal of clothing and underpants Legislation Cited: Health Care Complaints Act 1993 Health Practitioner Regulation Law (NSW) (National Law) Crimes Act 1900 Cases Cited: Briginshaw v Briginshaw 1938 HCA 34; 1983 60 CLR 336; Gaed v Walton (1997) NSWSC 279; Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Howe (2010) NSWMT 12 at [113]; Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 613; Minister for Immigration and Border Protection v Truong [2016] FCAFC 54 at [67]; NSW Bar Association v Meakes [2006] NSWCA 340; Prakash v Health Care Complaints Commission (2006) NSWCA 153 at [91]; Sudath v Health Care Complaints Commission (2012] NSWCA 171;84 NSWLR 474 at (100); Texts Cited: Code of Conduct for Chiropractors Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mr James Ellis Hopper (Respondent) Representation: Counsel: Mr L Fernandez (Applicant) Mr S Barnes (Respondent)