Health Care Complaints Commission v Bright [2019] NSWCATOD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bright [2019] NSWCATOD 169 Hearing dates: 30 September 2019 Date of orders: 01 November 2019 Decision date: 01 November 2019 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr K Ho, Senior Member Dr M Cox, Senior Member M Kelly, General Member Decision: 1. Pursuant to s 149C(4) of the Health Practitioner Regulation National Law it is declared that if Dr Ralph Bright (the practitioner) had been registered at the date of the hearing, the Tribunal would have cancelled his registration. 2. Pursuant to s 149C(4)(b) the practitioner may not seek a review of order 1 of these orders for a period of seven years from the date of these orders. 3. The practitioner shall pay the costs of the Health Care Complaints Commission of and incidental to these proceedings as agreed, and failing agreement, as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – registered health practitioner – medical practitioner – where practitioner does not participate in hearing – where practitioner found guilty of both unsatisfactory professional conduct and professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation (New South Wales) Regulation 2010 (repealed) Health Practitioner Regulation (New South Wales) Regulation 2016 Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v NSW Bar Association [1960] HCA 40; (1960) 104 CLR 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Rogers v Whitaker [1992] HCA 58; (1992) 175 CLR 479 Texts Cited: Medical Board of Australia, Good Medical Practice: A Code of Conduct for Doctors in Australia, 2014