Health Care Complaints Commission v Sargeant [2019] NSWCATOD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sargeant [2019] NSWCATOD 140 Hearing dates: 27 and 28 May 2019(final submissions, 23 August 2019) Date of orders: 09 September 2019 Decision date: 09 September 2019 Jurisdiction: Occupational Division Before: A Britton, Principal Member R Lin, Professional Member A Yacoub, Professional Member R Leontini, General Member Decision: 1. If still registered, the Tribunal would have cancelled Mr Sargeant's registration as a radiographer pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW).

2. Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), Mr Sargeant cannot seek review of Order 1 above until 12 months after the date of this decision.

3. Pursuant to s 149C(4)(c) of the Health Practitioner Regulation National Law (NSW), the National Board is required to record the fact that the Tribunal would have cancelled Mr Sargeant's registration in the National Register kept by the Board.

4. Mr Sargeant is to pay the Health Care Complaints Commission costs in the sum of $14,475. Catchwords: PROFESSIONS AND TRADES — health practitioner — assessment of risk of reoffending — consideration in formulating protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Health Care Complaints Commission v Menz [2017] NSWCATOD 141 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Grant Sargeant (Respondent) Representation: Counsel: N Evans (Applicant)