Health Care Complaints Commission v Crickitt [2019] NSWCATOD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Crickitt [2019] NSWCATOD 141 Hearing dates: 14 August 2019 Date of orders: 11 September 2019 Decision date: 11 September 2019 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Dr M Cox, Professional Member Dr S Cowap, Professional Member M Kelly, General Member Decision: 1. Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 the disclosure and publication of the names of Patient A and B and Person C referred to in these reasons or in any document filed or tendered in the proceeding are prohibited. 2. Pursuant to s 149C(1) the registration of Brian Kenneth Crickitt as a medical practitioner is cancelled. 3. Pursuant to s 149C(7) the practitioner cannot re-apply for registration for a period of 20 years or upon his conviction, entered 8 December 2016, being overturned. 4. Pursuant to s 149C(5) the practitioner is prohibited from providing all "Health Services" as defined in s 4 of the Health Care Complaints Act 1993 (NSW) (Prohibition Order) which includes the following services, whether provided as public or private services unless and until he is registered as a health practitioner: (a) medical, hospital, nursing and midwifery services, (b) dental services, (c) mental health services, (d) pharmaceutical services, (e) ambulance services, (f) community health services, (g) health education services, (h) welfare services necessary to implement any services referred to in paragraphs (a)-(g), (i) services provided in connection with Aboriginal and Torres Strait Islander health practices and medical radiation practices, (j) Chinese medicine, chiropractic, occupational therapy, optometry, osteopathy, physiotherapy, podiatry and psychology services, (j1) optical dispensing, dietitian, massage therapy, naturopathy, acupuncture, speech therapy, audiology and audiometry services, (k) services provided in other alternative health care fields, (k1) forensic pathology services, (l) a service prescribed by the regulations as a health service for the purposes of this Act. 5. The Respondent pay the Applicant's costs. Catchwords: PROFESSIONS AND TRADES – health and professionals – medical practitioners – disciplinary proceedings – application for cancellation of registration – practitioner convicted of serious criminal offence – practitioner incarcerated for 27 years – costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) No 86a ("the National Law") Cases Cited: R v Crickitt [2016] NSWSC 1738 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Brian Kenneth Crickitt (Respondent) Representation: Counsel: A Britt (Applicant)