Health Care Complaints Commission v Elias [2019] NSWCATOD 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Elias [2019] NSWCATOD 19 Hearing dates: 24 and 25 September 2018 Date of orders: 08 February 2019 Decision date: 08 February 2019 Jurisdiction: Occupational Division Before: A Britton, Principal Member M Cross, Professional Member K Carter, Professional Member R Leontini, General Member Decision: 1. Mr Elias is to pay the costs of the Health Care Complaints Commission, as agreed or assessed. 2. Within 14 days of the date of this decision the Commission must file and serve its submissions about the form of the proposed conditions set out at [68] of these reasons. 3. Within 14 days of receipt of the Commission's submissions Mr Elias must file and serve submissions about the form of the proposed conditions. Catchwords: PROFESSIONS AND TRADES — health practitioner — appropriate form of protective orders

PROFESSIONS AND TRADES — health practitioner — whether conduct found to amount to unsatisfactory professional conduct — whether unsatisfactory professional conduct is sufficiently serious to amount to professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Elliott [2018] NSWCATOD 47 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449 NSW Bar Association v Meakes [2006] NSWCA 340 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Simon Elias (Respondent) Representation: Counsel: N Evans (Applicant) S Barnes (Respondent)