Health Care Complaints Commission v Rouen [2019] NSWCATOD 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Rouen [2019] NSWCATOD 76 Hearing dates: 8 May 2019 Date of orders: 21 May 2019 Decision date: 21 May 2019 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member Dr W Roberts, Senior Member J Haigh, Senior Member B Radcliffe, General Member Decision: (1) The practitioner's registration as a psychologist is cancelled. (2) The practitioner cannot make an application for review of the cancellation order (Reinstatement Order) until 3 years from the date of this decision. (3) The Registrar is requested to notify the Psychology Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1 and 2 above as soon as practicable. (4) The Practitioner is to pay the costs of Health Care Complaints Commission incurred and incidental to these proceedings as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014(NSW). Catchwords: PROFESSIONS AND TRADES – Health Practitioner – Psychologist – Criminal convictions for possession of child abuse material - whether he is a suitable person to hold registration - consideration of appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law Child Protection (Offenders Registration) Act 2000 Cases Cited: Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Istephan (No 2) [2017] NSWCATOD 116 Jung v R [2017] NSWCCA 24 Lee v Health Care Complaints Commission [2012] NSWCA 80 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Health Care Complaints Commission v Do, [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) David Rouen (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Rankin Ellison Lawyers (Respondent) File Number(s): 2018/00384017 Publication restriction: Pursuant to cl 7 of Sch 5D to the Health Practitioner Regulation National Law (NSW) the names of the practitioner's children are not to be disclosed.