Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Hearing dates: 25, 26 September 2017; submissions closed 4 December 2017 Date of orders: 12 October 2018 Decision date: 12 October 2018 Jurisdiction: Occupational Division Before: Craig QC ADCJ, Principal Member Dr S Cowap, Senior Member Dr G Dore, Senior Member S Lovrovich, General Member Decision: (1) The respondent, Dr Howard Van Nguyen, be and hereby is reprimanded under s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW). (2) The conditions set out below in the schedule headed "Health Care Complaints Commission v Dr Howard Van Nguyen - Conditions" (the Conditions) be imposed on the respondent's registration to be operative 28 days after the making of these orders. (3) The Conditions may be altered, varied or removed at the discretion of the Medical Council of New South Wales, and the Council is the appropriate review body for the purposes of Division 8 of Part 8 the Health Practitioner Regulation National Law (NSW). (4) Sections 125 to 127 of the Health Practitioner Regulation National Law (NSW) are to apply while Dr Howard Van Nguyen's principal place of practice is anywhere in Australia other than in New South Wales, so that a review of the Conditions can be conducted by the Medical Board of Australia. (5) The respondent, Dr Howard Van Nguyen, is to pay the costs of the applicant, the Health Care Complaints Commission, agreed in the sum of $30,000.00. Catchwords: PROFESSIONAL DISCIPLINE – Health Practitioner Regulation National Law – Medical Practitioner – Unsatisfactory Professional Conduct – Professional Misconduct – Appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Director General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523 Grove v Flavel (1986) 43 SASR 410 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 The Queen v Byrnes (1995) 183 CLR 501 Health Care Complaints Commission v CSM [2018] NSWSC 902 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Howard Van Nguyen (Respondent) Representation: Counsel: Mr P Aitken (Applicant) Mr C Jackson (Respondent)