Health Care Complaints Commission v Limboro [2018] NSWCATOD 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Hearing dates: 12 and 13 July 2018 Date of orders: 30 July 2018 Decision date: 30 July 2018 Jurisdiction: Occupational Division Before: J Millbank, Senior Member K De Luca, Senior Member A Lyell, Senior Member G Alder, General Member Decision: (1) The practitioner's registration as a chiropractor is cancelled pursuant to s 149C(1)(c) and (d) of the National Law;

(2) The practitioner is prohibited from providing any health service as defined by s 4 of the Health Care Complaints Act 1993 (NSW) for the duration of the cancellation of registration;

(3) Pursuant to s 149(7) of the National Law the practitioner may not apply for review for two years from the date of these orders;

(4) Respondent to pay the Applicant's costs of these proceedings pursuant to cl 13(1) of Sch 5D of the National Law as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: TRADES AND PROFESSIONS – chiropractor – practitioner convicted of criminal offences – advertising regulated health service in a false, misleading way – website purporting chiropractic treatment can cure, treat and/or prevent various forms of cancer – patient testimonials – whether circumstances of offences render practitioner unfit in the public interest to practise – whether practitioner not a suitable person for registration Legislation Cited: Health Practitioner Regulation National Law NSW 2009 (NSW) ('The National Law') ss 3; 3A; 133(1)(a),(c); 144(a),(e); 149C(1)(c)(d); 149C(7); cl 13(1) of Sch 5D; Health Care Complaints Act 1993 (NSW) s 4; Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 HCCC v Do [2014] NSWCA 307 HCCC v Karalasingham [2007] NSWCA 267 HCCC v Roopra (No 2) [2013] NSWDT 3 HCCC v Vu [2012] NSWPYT 1 Texts Cited: AHPRA, Guidelines for Advertising Regulated Health Services (2014); Chiropractic Board of Australia, Statement on Advertising (7 March 2016) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Hance Limboro (Respondent) Representation: Counsel: A Bonner (Applicant)