Health Care Complaints Commission v Dunstan [2018] NSWCATOD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dunstan [2018] NSWCATOD 102 Hearing dates: 19, 20, 21, 22 March 2018 Date of orders: 02 July 2018 Decision date: 02 July 2018 Jurisdiction: Occupational Division Before: Hon G Mullane ADCJ, Principal Member Dr A Poulton, Sernior Member Dr M De Souza, Senior Member Ms B Radcliffe, General Member Decision: (1) The respondent practitioner is guilty of Professional Misconduct;

(2) The respondent is reprimanded;

(3) The respondent must pay the costs of the applicant of or incidental to these proceedings as agreed or as assessed; and

(4) Publication or broadcast without the leave of the Tribunal of the name or any other identifying information of the persons referred in these reasons as "child N" and "the mother" is prohibited. Catchwords: Professions and Trades-Medical practitioner - unsatisfactory professional conduct and professional misconduct – appropriate protective orders. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Health Practitioner Regulation National Law (NSW) Medical Practice Regulation 2003 Cases Cited: Health Care Complaints Commission v Gillett [2007] NSW NNT 7; Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Rutner [2009] NSWD 2 ; Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Richard John Dunstan (Respondent) Representation: Counsel: Mr L Fernandez (Applicant) Ms R Mathur (Respondent)