Health Care Complaints Commission v Joffe [2018] NSWCATOD 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Joffe [2018] NSWCATOD 121 Hearing dates: 13 June 2018 Date of orders: 02 August 2018 Decision date: 02 August 2018 Jurisdiction: Occupational Division Before: R Titterton, Principal Member J Haigh, Senior Member P Walker, Senior Member Dr P Macneill, General Member Decision: (1) Each of Complaints One, Two, Three and Four are established.

(2) The respondent's registration is cancelled.

(3) The respondent is not entitled to apply for reregistration for a period of four years.

(4) The respondent is prohibited from providing all health services as defined in s 4 of the Health Care Complaints Act 1993 (NSW) which includes the following services, whether provided as public, private or volunteer services, unless and until he obtains re-registration as a psychologist:

(a) community health services;

(b) counselling;

(c) health education services;

(d) mental health services;

(e) hypnotherapy;

(f) psychotherapy;

(g) supervision or coaching of psychologists, psychology students or any allied health services; and

(h) welfare services or any allied health services necessary to implement the above services.

(5) The NSW Civil and Administrative Tribunal is the appropriate review body.

(6) If, either party seeks some other order as to costs other than that the respondent pay the Commission's costs, it is to provide submissions to the other party, and to the Tribunal, by 14 August 2018. The other party may respond by 30 August 2018. Catchwords: PROFESSIONS AND TRADES – Psychologist –- failed to provide appropriate care and treatment - failure to appropriately manage the therapeutic relationship – failure to make and keep adequate clinical records - providing an excessive number of sessions per week - charging an excessive fees – unsatisfactory professional conduct in communicating via various forms of social media – unsatisfactory professional conduct in inappropriate involvement with Patient A's financial and business affairs – unsatisfactory professional conduct in becoming personally involved in Patient A's documentary filmmaking project – whether complaints amount to professional misconduct Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law NSW No 86a Cases Cited: Bowen-James v Walton, NSWCA, 5 August 1991 Chen v Health Care Complaints Commission [2017] NSWCA 186 Gad v Health Care Complaints Commission (2002) NSWCA 111 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Sullivan [2018] NSWCATOD 88 Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323 Health Care Complaints v Jamieson [2014] NSWCATOD 56 NSW Bar Association v Hamman (1999) NSWCA 404 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Re Dr Parajuli [2010] NSWMT 3 Saville v Health Care Complaints Commission [2006] NSWCA 298 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Hugh Ian Joffe (Respondent) Representation: Counsel: R Britt (Applicant)