Health Care Complaints Commission v Schmaman [2019] NSWCATOD 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Schmaman [2019] NSWCATOD 82 Hearing dates: 4 and 5 February 2019 Date of orders: 30 May 2019 Decision date: 30 May 2019 Jurisdiction: Occupational Division Before: N Hennessy ADCJ, Deputy President A/Prof I Rewell, Senior Member Dr H Wilson, Senior Member M Kelly, Occasional Member Decision: 1. The respondent's registration is cancelled. 2. The respondent may not apply for review of Order 1 for two years from the date of this decision. 3. The respondent is to pay the costs of the Health Care Complaints Commission as agreed or, if not agreed, as assessed. Catchwords: PROFESSIONS AND TRADES – registered health practitioner – where practitioner convicted of aggravated indecent assault of Patient A – where Patient A was vulnerable person – where the practitioner prescribed medications inappropriately, gave money to Patient A and engaged in other inappropriate conduct – whether practitioner's registration should be suspended or cancelled Legislation Cited: Crimes Act 1900 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2010 (NSW) (repealed) Poisons and Therapeutic Goods Act 1996 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Elshaimy [2019] NSWCATOD 17 Health Care Complaints Commission v Haasbroek [2018] NSWCATOD 177 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Simpson [2018] NSWCATOD 49 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Cedric Schmaman (Respondent) Representation: Counsel: S Maybury (Applicant) P Dwyer (Respondent)