Health Care Complaints Commission v Hollenbach [2019] NSWCATOD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hollenbach [2019] NSWCATOD 118 Hearing dates: 14, 15, 16, 17, 21 May 2018; submissions close 24 September 2018; (Stage 2) 13, 14 February 2019 Date of orders: 06 August 2019 Decision date: 06 August 2019 Jurisdiction: Occupational Division Before: Craig QC ADCJ, Principal Member Dr R Higgins, Senior Member Dr S Lertsumitkul, Senior Member J Houen, General Member Decision: (1) The Respondent Dr Eugene Hollenbach be and is hereby reprimanded under s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW). (2) The Conditions set out in the schedule headed "Health Care Complaints Commission v Dr Eugene Hollenbach – Conditions " (the Conditions) be imposed on the Respondent's registration and to be operative 28 days after the making of these orders. (3) The Conditions may be altered, varied or removed at the discretion of the Medical Council of New South Wales and the Council is the appropriate review body for the purposes of Div 8 of Pt 8 of the Health Practitioner Regulation National Law (NSW). (4) Sections 125 to 127 of the Health Practitioner Regulation National Law (NSW) are to apply while Dr Eugene Hollenbach's principal place of practice is anywhere in Australia other than in New South Wales, so that a review of the Conditions can be conducted by the Medical Board of Australia. (5) Order the Respondent to pay 70% of the Applicant's costs as agreed or assessed. Catchwords: PROFESSIONAL DISCIPLINE – Health Practitioner Regulation National Law – Medical Practitioner – Unsatisfactory Professional Conduct – Professional Misconduct – Appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (NSW) Regulation 2010 Health Insurance Act 1973 (Cth) Civil and Administrative Tribunal Act 2013 Legal Profession Uniform Law Application Act 2014 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Limited v SafeWork NSW [2017] NSWCA 41 Burns v Corbett [2018] HCA 15 Health Care Complaints Commission v Fraser [2014] NSWCATOD 29 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Dr Nguyen [2013] NSWMT 18 Shuquan Liu v Health Care Complaints Commission [2018] NSWSC 315 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v CSM [2018] NSWSC 102 Health Care Complaints Commission v Do [2014] NSWCA 307 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Lee v Health Care Complaints Commission [2012] NSWCA 80 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Walsh v Law Society of New South Wales [1999] HCA 33; (1999) 198 CLR 73 Health Care Complaints Commission v Ly [2010] NSWMT 20 NSW Bar Association v Meakes [2006] NSWCA 340 Health Care Complaints Commission v Litchfield [1997] NSWCA 264 Health Care Complaints Commission v Gayed [2018] NSWCATOD 165 Health Care Complaints Commission v Wingate [2007] NSWCA 326 Chen v Health Care Complaints Commission [2017] NSWCA 186 Lucire v Health Care Complaints Commission (No.2) [2011] NSWCA 182 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Eugene Hollenbach (Respondent) Representation: Counsel: P Griffin SC (Applicant P Dwyer (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Avant Law (Respondent) File Number(s): 2017/347299 Publication restriction: Under cl 7 of Sch 5D of the Health Practitioner Regulation National Law (NSW), an order prohibiting disclosure to any person or entity of the name of the patients set out in the Schedule to the Complaint