Health Care Complaints Commission v Cusi [2018] NSWCATOD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Cusi [2018] NSWCATOD 83 Hearing dates: 9, 10 and 11 April 2018 Date of orders: 01 June 2018 Decision date: 01 June 2018 Jurisdiction: Occupational Division Before: D A Cowdroy ADCJ, Principal Member Associate Professor A Garnham, Senior Member Dr S Howle, Senior Member S Lovrich, General Member Decision: 1.The Tribunal finds that the practitioner has engaged in unsatisfactory professional conduct within the meaning of ss 139B(1)(a) and (l) of the Health Practitioner Regulation National Law (NSW) by reason of the findings proven above. Catchwords: PROFESSIONS AND TRADES - Medical practitioner – medical practitioner allegedly requiring female patient to remove clothing and bra for the purpose of conducting medical examination of sacroiliac joint – practitioner allegedly touching female patient on breasts and another patient on breast and other portions of her body allegedly for sexual gratification– whether such conduct occurred––whether appropriate explanation of manipulative treatment in close proximity to breast area was adequately explained- whether patient was provided with appropriate clothing and privacy- whether manipulative treatment necessarily involved touching to breast area. Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v New South Wales Bar Association (1960) 104 CLR 186 Harvey v Law Society of New South Wales (1975) 49 ALJR 362 Health Care Complaints Commission v Do [2014] NSW CA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Hughes and Vale Pty Ltd v New South Wales (No2) (1955) 93 CLR 127 Mark Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93 Refjek v McElroy (1955) 112 CLR 517 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant)