HCCC v Stanton [2019] NSWCATOD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HCCC v Stanton [2019] NSWCATOD 58 Hearing dates: 8 April 2019 Date of orders: 24 April 2019 Decision date: 24 April 2019 Jurisdiction: Occupational Division Before: J Millbank, Senior Member P Walker, Senior Member M Crowley, Senior Member R Kusuma, General Member Decision: (1) Pursuant to a finding of professional misconduct, under s 149C(4)(a), the Tribunal would have cancelled the practitioner's registration as a psychologist if he had still been registered; (2) The National Board is required to record the fact that the Tribunal would have cancelled the practitioner's registration had he still been registered per s 149C(4)(c); (3) The practitioner may not apply for a review of these orders for a period of 3 years from the date of the orders per s 149C(4)(b); (4) Pursuant to s 149C(5A) of the National Law, the practitioner is prohibited from providing any health services as defined by s 4 of the Health Care Complaints Act 1993 (NSW), whether on a paid or voluntary basis, until such time as this Tribunal orders that he may re-register as a psychologist; (5) The respondent to pay the applicant's costs of these proceedings as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW); (6) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) a prohibition on the disclosure or publication of the names of Patients A and B, listed in the schedule to the complaint, and of all other patients identified in the evidence. Catchwords: TRADES AND PROFESSIONS – Psychology – sexualised interactions with two patients – massaging one patient during a psychology consultation – sex with another patient Legislation Cited: Health Practitioner Regulation National Law (NSW) 2009 ('The National Law'); Health Care Complaints Act 1993 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; HCCC v Litchfield (1997) 41 NSWLR 630; HCCC v Bergmeier [2014] NSWCATOD 75; HCCC v Firth (No 2) [2015] NSWCATOD 84; HCCC v Karalasingham [2007] NSWCA 267 HCCC v Philipiah [2013] NSWCA 342; Sabag v HCCC [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Daniel Stanton, also known as Daniel Rouse-Stanton (Respondent) Representation: Counsel: N Evans (Applicant) L Lloyd (Respondent)