Health Care Complaints Commission v Elliott [2018] NSWCATOD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Elliott [2018] NSWCATOD 47 Hearing dates: 5 - 8 December 2017 Date of orders: 29 March 2018 Decision date: 29 March 2018 Jurisdiction: Occupational Division Before: A Britton, Principal Member R Jaja, Senior Member D Preswick, Senior Member A Johnston, General Member Decision: 1. Mr Elliott is reprimanded. 2. Mr Elliott is to pay 60% of the costs of the Health Care Complaints Commission, as agreed or assessed. Catchwords: PROFESSIONS AND TRADES — health practitioner — appropriate form of protective orders

PROFESSIONS AND TRADES — health practitioner — whether conduct found to amount to unsatisfactory professional conduct is sufficiently serious to amount to professional misconduct

COSTS — disentitling conduct displacing the general "rule" that costs follow the event: Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Commonwealth v Gretton [2008] NSWCA 117 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Brunner [2017] NSWCATOD 49 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Do [2014] NSWCA 307; [2017] NSWCATOD 172 Lee v Health Care Complaints Commission [2012] NSWCA 80 NSW Bar Association v Meakes [2006] NSWCA 340 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Qasim v Health Care Complaints Commission [2015] NSWCA 282 at [85] Qidwai v Brown (1984) 1 NSWLR 100 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Steve Elliott (Respondent) Representation: Counsel: S Maybury (Applicant) P Dwyer (Respondent)