Health Care Complaints Commission v Wardle [2019] NSWCATOD 172

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wardle [2019] NSWCATOD 172 Hearing dates: 14 – 18 October 2019 Date of orders: 05 November 2019 Decision date: 05 November 2019 Jurisdiction: Occupational Division Before: J Millbank, Senior Member W Roberts, Senior Member J Haigh, Senior Member A Gray, General Member Decision: (1) Pursuant to findings of unsatisfactory professional conduct, professional misconduct and impairment, a second stage hearing on protective orders is directed. (2) The parties are to communicate with the registry to set a date for a one day Stage 2 hearing. (3) The HCCC is to file and serve any further evidence and submissions concerning Stage 2 by 13 December 2019. (4) The respondent is to file and serve any further evidence and submissions by 31 January 2020. (5) HCCC to file and serve a reply if any by 7 February 2020. (6) The parties are reminded that the above material is to address the issue of appropriate protective orders only. (7) Any material that is not filed in accordance with these directions will not be admitted in the absence of compelling justification. (8) Leave to the parties to relist for directions with three days' notice. (9) Costs of proceedings reserved. (10) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibition of disclosure or publication of the names of Patients A and B listed in the schedule to the complaint, and of all other patients identified in the evidence. Catchwords: PROFESSIONS AND TRADES – psychology – multiple boundary violations with two patients – personal, sexual and employment relationship with one former patient – personal, residential, employment and business relationship with another former patient – sexual harassment – failures to make and keep adequate clinical records – impairment – personality disorder Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law 2009 (NSW) ('The National Law') Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Grant v HCCC [2003] NSWCA 73 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Texts Cited: Australian Psychological Society, Code of Ethics Australian Psychological Society, Ethical Guidelines for Managing Professional Boundaries and Multiple Relationships, March 2016 Australian Psychological Society, Ethical Guidelines for Psychological Practice in Rural and Remote Settings, March 2016 Australian Psychological Society, Ethical Guidelines on Record Keeping, APS, May 2011 Psychology Board of Australia, Code of Ethics Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Alistair Richard Wardle (Respondent) Representation: Counsel: A Britt (Applicant)