Health Care Complaints Commission v Von Marburg (No 3) [2019] NSWCATOD 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Von Marburg (No 3) [2019] NSWCATOD 91 Hearing dates: 20, 21 May 2019 Date of orders: 13 June 2019 Decision date: 13 June 2019 Jurisdiction: Occupational Division Before: D Cowdroy OAM QC ADCJ, Principal Member Dr J D Cronin, Senior Member Dr M Cox, Senior Member P Macneill, General Member Decision: The Tribunal finds that : 1. In respect of Complaint 1 the practitioner suffers from an impairment as defined in section 5 of the Health Practitioner Regulation National Law. 2. In respect of Complaints 3, 4 and 5, the conduct of the practitioner constitutes unsatisfactory professional conduct, and together constitute professional misconduct. 3. The proceedings be adjourned for consideration of protective measures required arising from the above findings (stage 2). Catchwords: PROFESSIONS AND TRADES – health and professionals – medical practitioners – disciplinary proceedings Legislation Cited: Health Practitioner Regulation National Law Regulation (NSW) 2016 Health Practitioner Regulation National Law Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 at 362 Bronze Wing International Pty Ltd v Safe Work NSW [2017] NSWCA 41 Health Care Complaints Commission v Dr Roland Von Marburg [2012] NSWMT 5 Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449 New South Wales Court of Appeal in Forster v New England Area Health Service [2010] NSWCA 106 Taupau v HVAC Constructions (Queensland) Pty Ltd and Ors [2012] NSWCA 293 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Roland Von Marburg (Respondent) Representation: Counsel: K Stern SC and S Maybury (Applicant) R Mathur (Respondent)