Health Care Complaints Commission v Dr DWF [2019] NSWCATOD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr DWF [2019] NSWCATOD 78 Hearing dates: 16, 17 May 2019 Date of orders: 23 May 2019 Decision date: 23 May 2019 Jurisdiction: Occupational Division Before: ADCJ BJ Knox SC, Principal Member Dr J Fogarty, Medical Member Dr C Newberry, Medical Member Ms J Houen, General Member Decision: 1. Dr DWF's registration is cancelled pursuant to s149C(1)(c) and s149C(1)(d) of the Health Practitioner Regulation National Law ("the National Law"). 2. Dr DWF shall not apply for re-registration on the Register of Medical Practitioners maintained by the Medical Board of Australia in conjunction with the Australian Health Practitioner Regulation Agency (AHPRA) for a period of at least 5 years from the date of these Orders pursuant to s149C(7) of the National Law. 3. Dr DWF is prohibited pursuant to s149C(5) of the National Law from providing any "health services" as defined, whether provided as a public or private service, until further order. 4. That Dr DWF pay the HCCC's costs pursuant to Clause 13, Schedule 5D of the National Law, as agreed or assessed. 5. The specific evidence consisting of the 3 medical reports referring to Dr DWF or Dr DWF's wife and her current state of health, being the report of Associate Prof Saidi dated 28 March 2019, the report of Dr Jane Rowden dated 5 May 2019, and the report from Dr D'Angelo dated 14 May 2019 are to be referred to in the Reasons and Orders collectively as "the medical evidence on the non-publication application" but not otherwise referred to in the Reasons and published 6. The reports from Dr Bruce Westmore, Dr David Greenberg, Associate Prof Sam Saidi dated 28 March 2019, the report from Dr Jane Rowden dated 5 May 2019, and each of the reports from Dr D'Angelo are to be placed in a sealed envelope on the Tribunal file marked "Not to be accessed by any third party without further Order of the Tribunal"; 7. In the event that any third party seeks access to the contents of the sealed envelope of the Tribunal's file, prior to such access being considered by the Tribunal, each of the parties is to be provided with 14 days' notice of that request and be given an opportunity to be heard in that respect. 8. These reasons shall be released by the HCCC to the relevant specialist medical College of which Dr DWF was a member. 9. The HCCC shall inform both Persons A and B of the decision of the Tribunal and their entitlement to read the decision at the registry of the Tribunal. Catchwords: Non-publication of name of doctor; exceptional circumstances Legislation Cited: Crimes Act 1900 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Clyne v NSW Bar Association (1960) 104 CLR 186 Crickett v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Dawson v Law Society of NSW [1989] NSWCA 58 Ex Parte Tziniolis; Re the Medical Practitioners Act (1966) 67 SR 488 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Vo [2014] NSWCATOD 127 Health Care Complaints Commission v XC [2015] NSWCATOD 9 Hogan v Hinch [2011] HCA 4; 243 CLR 506 Re Jason Martin [2010] NSWMT 13 Re Lenehan [1948] HCA 45; 77 CLR 403 Re Mansoor Haider Zaidi [2006] NSWMT 6 Welker & Ors v Rinehart & Anor (No 6) [2012] NSWSC 160 Zaidi v Health Care Complaints Commission [1998] NSWSC 335 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr DWF (Respondent) Representation: Counsel: E Raper (Applicant) E Elbourne (Respondent)