Health Care Complaints Commission v Jung [2018] NSWCATOD 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Jung [2018] NSWCATOD 53 Hearing dates: 29 January 2018 Date of orders: 19 April 2018 Decision date: 19 April 2018 Jurisdiction: Occupational Division Before: R Titterton, Principal Member P Blackford, Senior Member T Andary, Senior Member J Houen, General Member Decision: 1. Complaints One and Two are established. 2. The respondent's registration is cancelled. 3. Any application to review the cancellation order may not be made for a period of seven years from the date of these reasons. 4. The respondent is prohibited from providing any health service as defined in s 4 of the Health Care Complaints Act 1993 for a period of seven years. 5. The respondent is to pay the applicant's costs. Catchwords: TRADES AND PROFESSIONS – Physiotherapy – Health Practitioner National Law Legislation Cited: Crimes Act 1900 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioners Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Cheung [2018] NSWCATOD 10 Health Care Complaints Commission v Marino (No. 2) 2016] NSWCATOD 75 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 at [42]; Health Care Complaints Commission v Pierce [2010] NSWNMT 1 Health Care Complaints Commission v Qasim [2014] NSWCATOD 42 Health Care Complaints Commission v Roopra (No 2) [2013] NSWDT 3 Health Care Complaints Commission v Schmich [2009] NSWNMT 19 Health Care Complaints Commission v Simring [2007] NSWNMT 7 Health Care Complaints Commission v Vincent [2012] NSWNMT 2 Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320 NSW Bar Association v Meakes [2006] NSWCA 340 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Youngjin Jung (Respondent) Representation: Counsel: P Aitken (Applicant)