Health Care Complaints Commission v Von Marburg (No 4) [2019] NSWCATOD 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Von Marburg (No 4) [2019] NSWCATOD 92 Hearing dates: 27, 28 and 29 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 orders that in proceeding 2018/00191190; proceeding 2016/00378691 and in proceeding 2017/00014882, the following orders be made:

(1) Order that if the practitioner was still registered: –

(a) pursuant to section 149C(4)(a) of the National Law if the practitioner was still registered his registration would have been cancelled; (b) pursuant to section 149C(4)(b) the practitioner be disqualified from being registered as a medical practitioner for 8 years; (c) pursuant to section 149C(4)(c) of the National Law the National Board record that the Tribunal would have cancelled the practitioner's registration in the National Register kept by the Board; (d) pursuant to section 149C(7) of the National Law order that the practitioner cannot seek a review of the orders made by the Tribunal for a period of 8 years; (e) pursuant to section 163 of the National Law the Tribunal is the appropriate review body for any review of these orders;

(2) The practitioner pay the costs of the applicant of proceedings 2018/00191190 and proceedings 2016/00378691.