Health Care Complaints Commission v Cox [2019] NSWCATOD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Cox [2019] NSWCATOD 16 Hearing dates: 19, 20, 21 November 2018 Date of orders: 22 January 2019 Decision date: 22 January 2019 Jurisdiction: Occupational Division Before: O Shub, Principal Member J Haigh, Senior Member M Crowley, Senior Member B Radcliffe, General Member Decision: (1) The practitioner's registration is cancelled pursuant to s149C(1)(b) of the National Law. (2) The practitioner cannot reapply for registration for a period of at least one year pursuant to s149C(7) of the National Law. (3) The practitioner is prohibited pursuant to s149C(5) of the National Law from providing any of the following health services whether provided as a public or private service unless and until registered as a psychologist: (a) therapy; (b) counselling; (c) psychotherapy; (d) welfare services (as defined in s4 of the Health Care Complaints Act 1993); (e) any other mental health service; (f) clinical supervision or psychology students; and/or (g) any other alternative/healing healthcare/therapies. (4) That the Respondent pay the complainant's costs pursuant to clause 7 Schedule 5D of the National Law as agreed or assessed. Catchwords: Psychologist – Registered Health Practitioner – where practitioner concedes he is guilty of professional misconduct – failure to observe appropriate boundaries – allegations of drug and alcohol abuse Legislation Cited: Health Practitioner Regulation National Law (NSW) Drug Misuse and Trafficking Act 1985 Health Care Complaints Act 1993 Cases Cited: Briginshaw v Briginshaw (1983) 60 CLR 336 HCCC v Litchfield (1977) 41 NSWLR 630 Bannister v Walton (1993) 30 NSWLR 699 Gad v Health Care Complaints Commission (2002) NSWCA 111 at [55] Health Care Complaints Commission v Do [2014] NSWCA 307 NSW Bar Association v Meakes [2006] NSWCA 340 at [114] NSW Bar Association v Hamman (1999) NSWCA 404 Law Society of NSW v Foreman (1994) 34 NSWLR 408 at 441 and 471 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Jaimie Kelvin Cox (Respondent) Representation: Counsel: Ms L Thomas (Applicant) Ms Stevens (Respondent)