Health Care Complaints Commission v Skandaliaris [2018] NSWCATOD 199

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Skandaliaris [2018] NSWCATOD 199 Hearing dates: 13, 14 August 2018 Date of orders: 21 December 2018 Decision date: 21 December 2018 Jurisdiction: Occupational Division Before: L Pearson, Principal Member Dr R Boland, Senior Member N Loneragan, Senior Member G Alder, General Member Decision: 1. Each of the complaints brought against the respondent is established.

2.The respondent is guilty of unsatisfactory professional conduct.

3.The respondent is guilty of professional misconduct.

4.The following directions are made:

(a) The parties are to advise the Tribunal by 16 January 2019 of their available dates in February and March 2019, including whether the matter will require more than one day;

(b) The applicant is to provide to the Tribunal and the respondent any further evidence and submissions, on or before 23 January 2019;

(c) The respondent is to provide to the Tribunal and the applicant any further evidence and submissions, on or before 13 February 2019;

(d) The applicant is to provide to the Tribunal and the respondent any further material in reply, on or before 20 February 2019;

(e) The proceeding will be listed for hearing on a date after 20 February 2019. Catchwords: TRADES AND PROFESSIONS – health practitioner – physiotherapist – treatment of work colleague – whether adequate history or assessment – failure to keep notes – whether treatment inappropriate – whether informed consent – failure to comply with chaperone condition – provision of false or misleading information to regulatory body – whether professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Campbell v Campbell [2015] NSWSC 784 Chen v Health Care Complaints Commission [2017] NSWCA 186 Re Dr Than Le (Medical Tribunal decision, 20 September 2001) Evans and Braddock [2015] NSWSC 249 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Health Care Complaints Commission v Chowdhury (No 2) [2015] NSWCATOD 127 Health Care Complaints Commission v Dr Il-Song Lee [2011] NSWMT 12 Health Care Complaints Commission v Kesserwani [2017] NSWCATOD 149 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWCA 264 Health Care Complaints Commission v Little [2016] NSWCATOD 146 Health Care Complaints Commission v Ng [2015] NSWCATOD 85 Health Care Complaints Commission v Perceval [2014] NSWCATOD 38 Health Care Complaints Commission v Perera [2018] NSWCATOD 112 Ng v Health Care Complaints Commission [2017] NSWSC 53 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ioannis Skandaliaris (Respondent) Representation: Counsel: S Maybury (Applicant) G Jauncey (Respondent)