Health Care Complaints Commission v Slowiaczek [2019] NSWCATOD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Slowiaczek [2019] NSWCATOD 99 Hearing dates: 3 April 2019 Date of orders: 25 June 2019 Decision date: 25 June 2019 Jurisdiction: Occupational Division Before: Hon G Mullane ADCJ, Principal Member Dr E O'Brien, Professional Member Associate Professor I Rewell, Professional Member Associate Professor P Macneill, General Member Decision: 1. The Respondent Anthony Joseph Slowiaczek is guilty of Professional Misconduct. 2. The Respondent is disqualified from registration as a medical practitioner. 3. The Respondent may not file any application to review the disqualification until after 30 September 2023. 4. The Respondent is prohibited until 30 September 2023 from providing any health service as defined by section 4 of the Health Care Complaints Act 1993. 5. The Respondent must pay the Applicant's costs of or incidental to these proceedings as agreed or as assessed; and 6. Broadcast or publication without the leave of the Tribunal of the name or other identifying information of any patient of the Respondent referred to in the reasons is prohibited. Catchwords: PROFESSIONS AND TRADES – Medical Profession – Professional Misconduct - practitioner surrenders registration before disciplinary proceedings - Application of s139G of the National Law Legislation Cited: Health Practitioner Regulation National Law (NSW) ("the National Law") Health Care Complaints Act 1993 Health Practitioner Regulation (NSW) Regulation 2010 Public Health Act 2010 (NSW). Cases Cited: Health Care Complaints Commission v MacGregor [2016] NSWCATOD 85 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 R v Byrne (1995) 193 CLR 501 Texts Cited: Good Medical Practice: A Code of Conduct for Doctors in Australia RACGP standards for general practices (4th edition); "Guidelines for Mandatory Notifications", Medical Board of Australia Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Anthony Joseph Slowiaczek (Respondent) Representation: Counsel: