Health Care Complaints Commission v Jiang [2018] NSWCATOD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Jiang [2018] NSWCATOD 78 Hearing dates: 9 April 2018 Date of orders: 28 May 2018 Decision date: 28 May 2018 Jurisdiction: Occupational Division Before: O Shub, Principal Member J Szyndler, Senior Member C Willcox, Senior Member R Leontini, General Member Decision: (1) The registration of the Respondent is cancelled.

(2) The Respondent is not permitted to seek reregistration for a period of at least 12 months.

(3) The Respondent is to pay the costs of the complainant as agreed or assessed. Catchwords: Psychologist, Unsatisfactory Professional Conduct and Professional Misconduct Breach of Conditions placed on Registration, False Claims on Medicare, Psychotic Illness, Impairment, Lack of Competence Legislation Cited: Healthcare Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; Chew v The Queen (1992) 173 CLR 626 at 641; Clyne v New South Wales Bar Association (1960) 104 CLR 186 at 201-202; Health Care Complaints Commission v Do [2014] NSWCA 307; Health Care Complaints Commission v Flett [2016] NSWCATOD 138; Health Care Complaints Commission v King [2013] NSWMT 9 at [33]; Health Care Complaints Commission v Litchfield (1977) 41 NSWLR 630; Health Care Complaints Commission v Liu [2016] NSWCATOD 133; Health Care Complaints Commission v Mitchell [2015] NSWCATOD 151 Health Care Complaints Commission v Ovchinnikov [2017] NSWCATOD 62; Health Care Complaints Commission v Phung (No 1) [2012] NSWDT 1; Health Care Complaints Commission v Fisher [2016] NSWCATOD 62; Law Society of New South Wales v Foreman (1994) 34 NSWLR 408; Lindsay v Health Care Complaints Commission [2010] NSWCA 194; Office of Local Government v Toma [2015] NSWCATOD 21; Parker v Comptroller of Customs (2009) 83 ALJR 494; R v Byrnes and Hopwood (1995) 183 CLR 50; Richter v Walton (Court of Appeal, 15 September 1993, unreported; Tung v Health Care Complaints Commission & Anor [2011] NSWCA 219; Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Jennifer Jiang (Respondent) Representation: Counsel: H Bennett (Applicant)